Jaragosky v. Ford Motor Company, No. 2:2017cv02089 - Document 36 (D. Nev. 2018)
Court Description: ORDER Granting 35 Second Stipulation to Extend Deadline Dates. Discovery due by 12/1/2018. Motions due by 1/15/2019. Proposed Joint Pretrial Order due by 2/14/2019. Signed by Magistrate Judge George Foley, Jr on 6/8/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Jaragosky v. Ford Motor Company Doc. 36 Case 2:17-cv-02089-RFB-GWF Document 35 Filed 06/04/18 Page 1 of 6 1 2 3 4 Joshua D. Cools Nevada Bar No. 11941 SNELL & WILMER L.L.P. 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, NV 89169 Telephone: (702) 784-5200 Facsimile: (702) 784-5252 Email: jcools@swlaw.com 5 6 Attorneys for Defendant Ford Motor Company 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 RONALD R. JARAGOSKY, a single man, L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nev ada 89169 702.784 .5200 Snell & Wilmer 11 Plaintiff, STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINE DATES (SECOND REQUEST) 12 vs. 13 FORD MOTOR COMPANY, a Delaware corporation; and JOHN DOE ENTITIES I-X, inclusive, 14 Case No. 2:17-CV-02089-RFB-GWF 15 Defendants. 16 Plaintiff Ronald R. Jaragosky and Defendant Ford Motor Company hereby stipulate and 17 18 agree to continue discovery in this matter by approximately thirty (30) days. 19 I. 20 BACKGROUND 21 This is a complicated product liability action arising from a motor vehicle collision 22 involving a 2001 Ford Explorer and a 2012 Chrysler van. On December 20, 2015, Plaintiff 23 Ronald Jaragosky was riding in the front passenger seat of the 2001 Ford Explorer. The Explorer 24 was driven by non-party Judy Ann Jiworsky northbound on SR-160 in Pahrump, Nevada. As the 25 Explorer approached the intersection of SR-160 and Matthew Lane, the 2012 Chrysler van turned 26 left in front of the Explorer. The right front of the Explorer collided with right front of the 27 Chrysler van. Mr. Jaragosky sustained significant injuries in the crash. 28 /// Dockets.Justia.com L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nev ada 89169 702.784 .5200 Snell & Wilmer Case 2:17-cv-02089-RFB-GWF Document 35 Filed 06/04/18 Page 2 of 6 1 On August 1, 2017 Plaintiff filed suit against Ford. Plaintiff alleges claims of negligence 2 and strict product liability and seeks punitive damages. Plaintiff alleges that the 2001 Ford 3 Explorer failed to adequately protect Plaintiff when the airbags did not deploy. Ford denies that 4 the 2001 Ford Explorer was defective or that they are liable for Plaintiff’s injuries and damages. 5 II. 6 REASON FOR DISCOVERY REQUEST 7 The parties have diligently pursued discovery in this case. 1 The parties are currently 8 negotiating the protocol for removing and downloading the restraints control module contained in 9 the subject Ford Explorer. The module records certain fault codes and other information that may 10 be relevant to the subject vehicle and subject crash. The module was manufactured by a third 11 party, Veoneer f/k/a Autoliv. Veoneer is the only party able to download the module’s data, 12 using their proprietary software. Plaintiff’s counsel has expressed concern about the ability to 13 verify the accuracy of the module’s download, which has delayed the parties from scheduling the 14 removal and download. The parties are working through those issues now. But this has delayed 15 some information that both parties’ experts need for their expert reports. 16 For this reason, the parties agree that it will be best to extend all discovery deadlines by 30 17 days to allow for these issues and, potentially, the removal of the restraints control module prior 18 to expert discovery in this case. The parties represent that good cause exists for this extension. 19 Further, though the request to move the Plaintiff’s expert disclosure deadline is within the 21 day 20 period set by LR 26-4, the parties believe that this constitutes excusable neglect as the issues 21 surrounding the removal and download of the restraint control module pertain to both parties’ 22 experts and it is fair for these issues to be resolved before Plaintiff discloses his experts’ opinions. 23 III. 24 DISCOVERY STATUS 25 • 26 The following discovery has been completed: October 10, 2017 - Plaintiff’s Initial Disclosure Statement 27 1 28 As previously reported to the Court, the parties had some initial difficulty obtaining the most recent medical records for Plaintiff from the California facilities where Plaintiff is currently residing, but those issues are now resolved. -2- Case 2:17-cv-02089-RFB-GWF Document 35 Filed 06/04/18 Page 3 of 6 1 2 3 4 5 6 7 8 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nev ada 89169 702.784 .5200 Snell & Wilmer 11 12 13 14 15 16 17 18 19 20 21 • • • • • • • • • • • • • • • November 10, 2017 - Ford Motor Company’s Initial Disclosure Statement January 12, 2018 - Plaintiff’s First Set of Non-Uniform Interrogatories to Defendant Ford Motor Company January 12, 2018 - Plaintiff’s First Set of Requests to Produce to Defendant Ford Motor Company January 26, 2018 - Ford Motor Company’s First Request for Production of Documents to Ronald R. Jaragosky January 26, 2018 - Ford Motor Company’s First Set of Non-Uniform Interrogatories to Ronald R. Jaragosky January 31, 2018 - Submission of Protective Order March 12, 2018 - Deposition of Plaintiff Ronald Jaragosky March 12, 2018 - Deposition of Darby Jaragosky March 12, 2018 - Plaintiff’s Second Set of Requests to Produce to Defendant Ford Motor Company March 14, 2018 - Deposition of Donald Patrick (non-party driver of 2012 Chrysler) March 15, 2018 - Deposition of Kevin Clickner, Pahrump Valley Fire and Rescue March 15, 2018 - Deposition of Judy Ann Jiworsky (non-party driver of 2001 Ford Explorer) March 19, 2018 - Vehicle inspection by Ford’s experts March 22, 2018 - Deposition of Officer Truscello, Nevada Highway Patrol May 1, 2018 – Vehicle inspection by Ford’s experts 22 IV. 23 DISCOVERY THAT REMAINS TO BE COMPLETED 24 A. Plaintiff: 25 1. 26 representatives; 27 2. Plaintiff will be identifying experts on both liability and damages; 28 3. Plaintiff may propound additional written discovery as needed; Plaintiff intends to notice the 30(b)(6) depositions of Defendant’s corporate -3- Case 2:17-cv-02089-RFB-GWF Document 35 Filed 06/04/18 Page 4 of 6 1 4. 2 B. 1. 4 damages. 5 2. Removal and download of subject vehicle’s restraint control module. 6 3. Defendant may propound additional written discovery as needed. Defendant intends to depose Plaintiff’s experts on both liability and 7 V. 8 PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nev ada 89169 702.784 .5200 Defendant: 3 9 Snell & Wilmer Plaintiff will be deposing Defendant’s experts once disclosed. The parties have agreed to extend all the discovery deadlines in this case by 60 days as set forth below: 11 1. Last day to amend pleadings and add parties: July 2, 2018 12 2. File the interim status report: July 2, 2018 13 3. Plaintiff’s initial expert disclosure: July 1, 2018 14 4. Defendant’s initial expert disclosure: August 29, 2018 15 5. Rebuttal expert disclosure: October 1, 2018 16 6. Discovery cut off: December 1, 2018 17 7. Dispositive motions: January 15, 2019 18 8. Joint pretrial order: February 14, 2019 19 In the event dispositive motions are filed, the date for filing the joint pretrial order shall be 20 suspended until thirty (30) days after a decision of the dispositive motions. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -4- Case 2:17-cv-02089-RFB-GWF Document 35 Filed 06/04/18 Page 5 of 6 1 VI. 2 CONCLUSION 3 Good cause is exists to extend the discovery deadlines as the parties have worked 4 diligently towards completing fact discovery prior to expert disclosure. Therefore, the parties 5 respectfully ask that this Court grant their request to adjust the case management deadlines as set 6 forth herein. 7 DATED this 4th day of June, 2018. DATED this 4th day of June, 2018. 8 SNELL & WILMER L.L.P. LAW OFFICES OF LYNN SHUMWAY 9 10 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nev ada 89169 702.784 .5200 Snell & Wilmer 11 By: /s/ Joshua D. Cools Joshua D. Cools Nevada Bar No. 11941 3883 Howard Hughes Pkwy., Ste. 1100 Las Vegas, NV 89169 By: /s/ G. Lynn Shumway G. Lynn Shumway Arizona Bar No. 011714 4647 N. 32nd Street, Suite 230 Phoenix, AZ 85018 12 13 Attorneys for Defendant Ford Motor Company Cory M. Jones Nevada Bar No. 5028 JONES WILSON, LLP 1522 W. Warm Springs Road Henderson, NV 89014 14 15 Brent Ghelfi (pro hac vice pending) Arizona Bar No. 011491 GHELFI LAW GROUP, PLLC 4742 North 24th Street, Suite 300 Phoenix, AZ 85016 16 17 18 Attorneys for Plaintiff Ronald R. Jaragosky 19 20 21 22 23 24 25 26 27 28 -5- Case 2:17-cv-02089-RFB-GWF Document 35 Filed 06/04/18 Page 6 of 6 1 Ronald R. Jaragosky vs. Ford Motor Company Case No. 2:17-CV-02089-RFB-GWF 2 ORDER 3 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nev ada 89169 702.784 .5200 Snell & Wilmer 4 IT IS HEREBY ORDERED that the case management deadlines are extended as agreed to 5 by the parties in the above stipulation and as follows: 6 9. Last day to amend pleadings and add parties: July 2, 2018 7 10. File the interim status report: July 2, 2018 8 11. Plaintiff’s initial expert disclosure: July 1, 2018 9 12. Defendant’s initial expert disclosure: August 29, 2018 10 13. Rebuttal expert disclosure: October 1, 2018 11 14. Discovery cut off: December 1, 2018 12 15. Dispositive motions: January 15, 2019 13 16. Joint pretrial order: February 14, 2019 14 15 IT IS SO ORDERED. 16 DATED this _____ 8th day of June, 2018. 17 18 19 20 21 22 23 24 25 U.S. MAGISTRATE JUDGE Prepared and Submitted by: SNELL & WILMER L.L.P. /s/ Joshua D. Cools Joshua D. Cools Nevada Bar No. 11941 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, NV 89169 Attorneys for Defendant Ford Motor Company 4824-4803-6455.1 26 27 28 -6-
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