Thomas v. Mitchell et al, No. 2:2018cv01615 - Document 50 (D. Nev. 2021)
Court Description: ORDER granting 49 Stipulation - Joint Status Report due by 12/20/2021. Discovery Plan/Scheduling Order due by 1/20/2022. See Order for Specifics. Signed by Magistrate Judge Cam Ferenbach on 11/23/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Thomas v. Mitchell et al 1 2 3 4 Doc. 50 PAUL S. PADDA, ESQ. (NV Bar #10417) Email: psp@paulpaddalaw.com PAUL PADDA LAW, PLLC 4560 South Decatur Boulevard, Suite 300 Las Vegas, Nevada 89103 Tele: (702) 366-1888 Fax: (702) 366-1940 5 6 Attorney for Plaintiff UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 LACY L. THOMAS, PAUL PADDA LAW, PLLC 4560 South Decatur Boulevard, Suite 300 Las Vegas, Nevada 89103 Tele: (702) 366-1888 • Fax (702) 366-1940 10 11 Plaintiff, Case No. 2:18-cv-1615-RFB-VCF vs. 12 CLARK COUNTY, NEVADA, 13 14 Defendant. 15 16 17 JOINT STIPULATION FOR 60-DAY STAY OF DISCOVERY DEADLINES Pursuant to Federal Rules of Civil Procedure (“FRCP”) 6 and 16(b)(4), as well as the 18 19 Court’s Local Rules of Civil Practice LR IA 6-1 and LR 26-4, the parties respectfully request 20 that the Court approve this Stipulation to stay current discovery deadlines for a period of 60- 21 days in consideration of Plaintiff’s current medical condition which renders him unable to 22 communicate with his attorneys and experts. The parties had not anticipated any need for Court 23 modification of the current discovery scheduling order. However, Plaintiff’s present incapacity 24 25 26 27 to meaningfully participate in the last few months remaining of discovery have necessitated this stipulation. After conferring, counsel for the respective parties agree to this stay of discovery 1 28 Lacy L. Thomas v. Clark County, Nevada United States District Court (D. Nev.), Case No. 2:18-cv-1615-RFB-VCF Joint Stipulation For Sixty (60) Day Stay of Discovery Deadlines PPL #200947-12-06 Dockets.Justia.com 1 deadlines and to provide the Court with a status update within 30 days of the Court’s approval 2 of this request for a 60-day stay. Although Local Rule 26-4 provides that a request to modify a 3 discovery Order shall be received no later than 21-days prior to the expiration of any deadline 4 sought to be extended, counsel for the parties represent that good cause and excusable neglect 5 6 support the requested extension, especially in light of the special circumstances detailed herein. 7 In support of this Stipulation, the parties rely upon the Declaration of Paul S. Padda (Exhibit A) 8 attached hereto and the facts set forth below. 9 MEMORANDUM OF POINTS AND AUTHORITIES PAUL PADDA LAW, PLLC 4560 South Decatur Boulevard, Suite 300 Las Vegas, Nevada 89103 Tele: (702) 366-1888 • Fax (702) 366-1940 10 11 I. LEGAL STANDARD 12 The “good cause” standard required by FRCP 16 is primarily concerned with the diligence 13 of the party seeking an extension of deadlines. See Johnson v. Mammoth Recreations, Inc., 975 14 F.2d 604, 609 (9th Cir.1992). Good cause is present when scheduling deadlines cannot be met 15 despite the moving party’s diligence. Id. Similarly, under the “excusable neglect” standard, 16 17 federal trial courts consider, among other factors, whether the moving party’s conduct is in good 18 faith. See Mendez v. Knowles, 556 F.3d 757, 764 (9th Cir. 2009) (citing Pioneer Investment 19 Services Co. v. Brunswick Associates Limited Partnership, 507 U.S. 380 (1993)). 20 II. STATEMENT REGARDING DISCOVERY COMPLETED TO DATE 21 The Court granted an extension of discovery deadlines on August 24, 2021. See ECF 22 23 No. 47. Since that time, the following has occurred: 24 1. Defendant Clark County has taken the deposition of Plaintiff. 25 2. Plaintiff has responded fully to Clark County, Nevada’s written discovery as 26 27 2 28 Lacy L. Thomas v. Clark County, Nevada United States District Court (D. Nev.), Case No. 2:18-cv-1615-RFB-VCF Joint Stipulation For Sixty (60) Day Stay of Discovery Deadlines PPL #200947-12-06 well as the discovery propounded by the other defendants that have since 1 been dismissed from this case. 2 3 3. Plaintiff has propounded written discovery upon Defendant Clark County, 4 Nevada. 5 4. Plaintiff has retained three expert witnesses in this case. 6 5. Plaintiff, with leave of Court, has filed an Amended Complaint. 7 8 9 PAUL PADDA LAW, PLLC 4560 South Decatur Boulevard, Suite 300 Las Vegas, Nevada 89103 Tele: (702) 366-1888 • Fax (702) 366-1940 10 III. DESCRIPTION OF THE DISCOVERY THAT REMAINS TO BE COMPLETED The parties need to finalize expert reports and rebuttal expert reports. The parties may 11 12 13 14 propound additional written discovery as needed and engage in any additional discovery that is appropriate under the circumstances of this case. IV. 15 16 17 18 REASONS WHY THE CURRENT DISCOVERY DEADLINES CANNOT BE MET During the past week, Plaintiff’s counsel learned that his client Lacy Thomas contracted COVID-19 and has been hospitalized in the Intensive Care Unit (“ICU”) unable to speak or communicate. Exhibit A. This shocking and disturbing information was conveyed to Plaintiff’s 19 counsel by Mrs. Henrene Thomas, Mr. Thomas’ wife, who further explained that this is why 20 21 Plaintiff’s counsel’s several telephone calls to Plaintiff had not been returned within the past 22 month. Id. 23 over a month but that he may be leaving ICU (if his health improves) within the next few weeks 24 Mrs. Thomas stated that her husband is severely ill and has been in the hospital for for a rehabilitation facility. Id. She advised that Mr. Thomas cannot communicate effectively 25 26 27 3 28 Lacy L. Thomas v. Clark County, Nevada United States District Court (D. Nev.), Case No. 2:18-cv-1615-RFB-VCF Joint Stipulation For Sixty (60) Day Stay of Discovery Deadlines PPL #200947-12-06 1 and when he does speak, it is only in a whisper. Id. Additionally, because of the fragility of his 2 health and the fact that COVID patients are segregated, he is only allowed limited visitors. 3 Under Nevada Rule of Professional Conduct (“NRPC”) 1.1, a lawyer is required to 4 provide competent representation to a client. Competent representation includes acting with 5 6 7 1.4, effective communication requires promptly informing a client of any decisions or 8 circumstances, consulting with the client about the means by which the client’s objectives are to 9 be accomplished, keeping the client apprised of the status of the matter and explaining matters PAUL PADDA LAW, PLLC 10 4560 South Decatur Boulevard, Suite 300 Las Vegas, Nevada 89103 Tele: (702) 366-1888 • Fax (702) 366-1940 diligence (NRPC 1.3) and effectively communicating (NRPC 1.4) with a client. Under NRPC to the client so that he or she can provide informed consent regarding the representation and 11 12 13 matters relating to it. The current deadline for disclosure of expert witnesses is November 24, 2021. Under 14 the circumstances detailed above, Plaintiff, by and through his counsel, will not be able to meet 15 that deadline. There are decisions regarding retention of specific experts, discussion with those 16 experts and other matters pertaining to the experts that require input and decisions from Mr. 17 18 Thomas and discussion with him. This simply cannot occur under the current situation. 19 Further, because of Mr. Thomas’ fragile state, and depending upon his health within the next 20 several weeks, Mrs. Thomas may be required to be appointed to make decisions for him. 21 Should this be required, it will potentially require separate legal proceedings. 22 23 Given Plaintiff’s current condition, the parties, by and through their respective counsel, 24 believe a stay is warranted and appropriate in this case. Plaintiff’s counsel will be in potential 25 violation of his ethical duties if a stay is not granted and he is required to litigate this matter 26 without Mr. Thomas’ informed consent regarding various decisions. Accordingly, the parties 27 4 28 Lacy L. Thomas v. Clark County, Nevada United States District Court (D. Nev.), Case No. 2:18-cv-1615-RFB-VCF Joint Stipulation For Sixty (60) Day Stay of Discovery Deadlines PPL #200947-12-06 1 respectfully request a 60-day stay of all discovery deadlines. The parties further propose to file 2 a status report with the Court on or before December 20, 2021 advising the Court of Mr. 3 Thomas’ health and whether his wife will be needed to be appointed as a guardian for purposes 4 of this litigation. 5 V. 6 The current schedule for completion of all discovery is as follows: PAUL PADDA LAW, PLLC 7 4560 South Decatur Boulevard, Suite 300 Las Vegas, Nevada 89103 Tele: (702) 366-1888 • Fax (702) 366-1940 THE CURRENT SCHEDULE FOR COMPLETION OF DISCOVERY 8 EVENT 9 10 Discovery Cut-Off Expert Disclosures January 24, 2022 November 24, 2021 11 Rebuttal Expert Disclosures December 27, 2021 Dispositive Motions Pre-Trial Order February 23, 2022 March 25, 2022 12 13 CURRENT DEADLINES 14 15 16 17 The parties are hereby requesting that all of these deadlines be suspended for 60-days. That the parties be allowed to file a status report in 30-days and propose a new discovery schedule at the expiration of the 60-day stay or on January 19, 2022. 18 19 . . . 20 . . . 21 . . . 22 . . . 23 . . . 24 25 26 27 . . . . . . 5 28 Lacy L. Thomas v. Clark County, Nevada United States District Court (D. Nev.), Case No. 2:18-cv-1615-RFB-VCF Joint Stipulation For Sixty (60) Day Stay of Discovery Deadlines PPL #200947-12-06 CONCLUSION 1 2 3 4 In light of the foregoing, the parties respectfully request that the Court grant this request for a 60-day stay of all deadlines set forth under the Court’s most recent Scheduling Order. ECF No. 47. 5 Respectfully submitted, 6 7 8 9 PAUL PADDA LAW, PLLC 4560 South Decatur Boulevard, Suite 300 Las Vegas, Nevada 89103 Tele: (702) 366-1888 • Fax (702) 366-1940 10 11 12 13 /s/ Thomas D. Dillard /s/ Paul S. Padda ___________________________ Thomas D. Dillard, Esq. 9950 West Cheyenne Avenue Las Vegas, Nevada 89129 Tele: (702) 384-4012 ___________________________ Paul S. Padda, Esq. 4560 South Decatur Blvd., Suite 300 Las Vegas, Nevada 89103 Tele: (702) 366-1888 Attorney for Defendant Clark County, Nevada Attorney for Plaintiff Lacy L. Thomas Dated: November 19, 2021 Dated: November 19, 2021 14 IT IS SO ORDERED: 15 16 17 18 19 20 21 22 23 24 25 26 27 The parties’ joint stipulation for a 60-day stay of all discovery deadlines is hereby approved. All discovery deadlines are stayed until January 19, 2022. The parties shall file a joint status report on or before December 20, 2021 advising the Court of Mr. Thomas’ health and any other circumstances that may affect this case. The parties are directed to file a discovery plan on January 20, 2022 proposing new deadlines for the completion of remaining discovery. ______________________________________ UNITED STATES MAGISTRATE JUDGE 11-23-2021 DATED: _____________________________ 6 28 Lacy L. Thomas v. Clark County, Nevada United States District Court (D. Nev.), Case No. 2:18-cv-1615-RFB-VCF Joint Stipulation For Sixty (60) Day Stay of Discovery Deadlines PPL #200947-12-06 Case 2:18-cv-01615-RFB-VCF Document 49-1 Filed 11/19/21 Page 1 of 4 Case 2:18-cv-01615-RFB-VCF Document 49-1 Filed 11/19/21 Page 2 of 4 Case 2:18-cv-01615-RFB-VCF Document 49-1 Filed 11/19/21 Page 3 of 4 Case 2:18-cv-01615-RFB-VCF Document 49-1 Filed 11/19/21 Page 4 of 4
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