Miller v. Nevada CVS Pharmacy, L.L.C., No. 2:2019cv01554 - Document 28 (D. Nev. 2020)

Court Description: ORDER granting 27 Stipulation to Extend Discovery Deadlines as set by 26 Order. Discovery due by 2/10/2021. Motions due by 3/10/2021. Proposed Joint Pretrial Order due by 4/12/2021. Signed by Magistrate Judge Cam Ferenbach on 9/10/2020. (Copies have been distributed pursuant to the NEF - DRS)

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Miller v. Nevada CVS Pharmacy, L.L.C. Doc. 28 Case 2:19-cv-01554-RFB-VCF Document 28 Filed 09/10/20 Page 1 of 6 1 2 3 4 5 6 ALVERSON TAYLOR & SANDERS LEANN SANDERS, ESQ. Nevada Bar No.: 000390 COURTNEY CHRISTOPHER, ESQ. Nevada Bar No.: 012717 6605 Grand Montecito Parkway, Ste. 200 Las Vegas, NV 89149 Telephone: (702) 384-7000 efile@alversontaylor.com Attorneys for Defendant NEVADA CVS PHARMACY, LLC 7 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ** 8 9 ATOM MILLER, 11 LAWYERS 6605 GRAND MONTECITO PKWY STE 200 LAS VEGAS, NV 89149 (702) 384-7000 ALVERSON TAYLOR & SANDERS 10 12 13 14 15 Case No.: 2:19-cv-01554-RFB-VCF Plaintiff, vs. NEVADA CVS PHARMACY, LLC; a Nevada Limited Liability Company; DOES I-X and ROE CORPORATIONS I-X, inclusive, STIPULATION TO EXTEND DISCOVERY AND AMEND DISCOVERY SCHEDULING ORDER (THIRD REQUEST) Defendants. 16 17 18 19 20 STIPULATION TO EXTEND DISCOVERY AND AMEND DISCOVERY SCHEDULING ORDER (THIRD REQUEST) COMES NOW Plaintiff, ATOM MILLER (hereinafter “Plaintiff”); Defendant NEVADA CVS PHARMACY, L.L.C. (hereinafter “CVS”) by and through their respective undersigned 21 counsel of record and hereby stipulate to modifying the Scheduling Order pursuant to FRCP 22 16(b)(4) and extend discovery pursuant to Local Rule 26-4 as set forth herein. 23 I. 24 LEGAL STANDARD 25 Federal Rule of Civil Procedure 16(b) provides that a case management schedule can be 26 modified upon a showing of good cause and by leave of the district judge. The good cause 27 standard primarily considers the diligence of the party seeking the amendment. Johnson v. 28 1 CC-26579 Dockets.Justia.com LAWYERS 6605 GRAND MONTECITO PKWY STE 200 LAS VEGAS, NV 89149 (702) 384-7000 ALVERSON TAYLOR & SANDERS Case 2:19-cv-01554-RFB-VCF Document 28 Filed 09/10/20 Page 2 of 6 1 Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). A party moving for an 2 amendment to a scheduling order must therefore show that the scheduling order imposes 3 deadlines that have become unworkable notwithstanding its diligent efforts to comply with the 4 schedule, and that it was diligent in seeking the amendment once it became apparent that 5 extensions were necessary. Jackson v. Laureate, Inc., 186 F.R.D. 605, 608 (E.D. Cal. 1999). 6 Pursuant to Nevada District Court Local Rule 26-4, a motion or stipulation to extend a 7 discovery deadline or to reopen discovery must include: (a) A statement specifying the discovery 8 completed; (b) A specific description of the discovery that remains to be completed; (c) The 9 reasons why the deadline was not satisfied or the remaining discovery was not completed within 10 the time limits set by the discovery plan; and (d) A proposed schedule for completing all 11 remaining discovery. 12 II. 13 BACKGROUND 14 This case arises out of an alleged slip-and-fall incident at the CVS Store in Las Vegas, 15 Nevada (Store No. 8798). Plaintiff’s Complaint was filed against CVS, alleging causes of action 16 for negligence. Plaintiff alleges that on December 20, 2017, as he was exiting the CVS store, an 17 advertisement sign had fallen onto the ground due to a gust of wind. Plaintiff alleges he slipped 18 on the sign leading to his injuries as described in his Complaint. 19 III. 20 STIPULATION & DISCUSSION 21 All counsel has been diligent in completing discovery and familiarizing themselves with 22 the facts and issues. However, with the delays from the COVID quarantine all required discovery 23 was delayed. In the interim, the parties have engaged in settlement discussions. As such, the parties 24 would like to avoid potentially unnecessary discovery expenses and preserve judicial resources 25 while potentially moving toward a mutual settlement agreement. Thus, it is now anticipated that the 26 current discovery deadlines will be unworkable. 27 /// 28 /// 2 CC-26579 Case 2:19-cv-01554-RFB-VCF Document 28 Filed 09/10/20 Page 3 of 6 1 In addition, a trial has not yet been set and is not imminent; (2) there is no party 2 opposing the request; (3) and no party has expressed prejudice. Therefore, pursuant to the 3 foregoing FRCP 16(b)(4) and Local Rule 26-4 this stipulation is warranted and justified by good 4 cause. 5 A. Discovery Completed To Date 6 1. Both Plaintiff and CVS have made/served their FRCP 26(f) Disclosures and 7 continue to provide supplements thereto. 2. 8 LAWYERS 6605 GRAND MONTECITO PKWY STE 200 LAS VEGAS, NV 89149 (702) 384-7000 ALVERSON TAYLOR & SANDERS 9 Plaintiff has propounded written discovery and Defendant has responded to said written discovery and provided supplements in relation thereto. 10 3. Defendant is in the process of obtaining Plaintiff’s medical records. 11 B. Discovery Remaining 12 A substantial amount of discovery remains to be completed in this matter. Defendant is 13 still in the process of independently obtaining Plaintiff’s medical records. The depositions of 14 Plaintiff Atom Miller and Defendant CVS’ 30(b)(6) witness must still be taken; as well as any 15 fact witness deposition that may arise from party depositions. Experts still need to complete 16 their reviews/inspections, as well as any additional necessary written discovery that may arise in 17 the normal course of discovery. 18 C. The Reasons Why Discovery Remaining Was Not Completed 19 Due to the COVID-19 outbreak most discovery was unable to be safely accomplished, to 20 include site inspections and in-person depositions. During the quarantine period both parties 21 were actively engaging in settlement discussions and believe that a settlement is a potential 22 outcome at this time. Additionally, both parties have had delays with timely acquiring medical 23 and billing records from providers who have also been impacted by the COVID-19 pandemic. 24 The parties are requesting a three month extension to allow them the necessary time to continue 25 with settlement discussions prior to the expert disclosure deadline and the accrual of additional 26 litigation expenses. 27 /// 28 /// 3 CC-26579 Case 2:19-cv-01554-RFB-VCF Document 28 Filed 09/10/20 Page 4 of 6 1 For these good causes shown, the parties propose the following ninety (90) day extension 2 to the Scheduling Order to fully complete discovery and avoid additional requests to extend the 3 same. The deadlines are based on the current state of settlement discussions and allowing for 4 sufficient time to safely notice and take the depositions of Defendants 30(b)(6) witness and 5 Plaintiff, while also providing for additional time for the parties expert to review and submit their 6 reports should settlement discussions prove unsuccessful. 7 8 9 11 LAWYERS 6605 GRAND MONTECITO PKWY STE 200 LAS VEGAS, NV 89149 (702) 384-7000 ALVERSON TAYLOR & SANDERS 10 12 D. Proposed Amended Scheduling Order Deadline Interim Status Report Initial Expert Disclosure Rebuttal Expert Disclosure Close of Discovery Dispositive Motions Joint Pre-Trial Order Current September 10, 2020 September 10, 2020 October 12, 2020 November 10, 2020 December 12, 2020 January 11, 2021 Proposed December 10, 2020 December 10, 2020 January 11, 2021 February 10, 2021 March 10, 2021 April 12, 2021 13 14 THE FOREGOING IS HEREBY STIPULATED AND AGREED. Dated this 1st day of September, 2020. Dated this 10th day of September, 2020. 16 ADAM SMITH LAW ALVERSON TAYLOR & SANDERS 17 /s/ Christian A. Miles Christian A. Miles, Esq. Nevada Bar No.: 013193 6130 Elton Ave. Las Vegas, NV 89107 Attorneys for Plaintiff ATOM MILLER /s/ LeAnn Sanders LeAnn Sanders, Esq. Nevada Bar No.: 000390 Courtney Christopher, Esq. Nevada Bar No.: 012717 6605 Grand Montecito Parkway, Ste. 200 Las Vegas, NV 89149 Attorneys for Defendant NEVADA CVS PHARMACY, LLC 15 18 19 20 21 22 23 24 25 If dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended until 30 days after decision on the dispositive motions or further court order. 26 27 28 4 CC-26579 Case 2:19-cv-01554-RFB-VCF Document 28 Filed 09/10/20 Page 5 of 6 1 2 Atom Miller vs. Nevada CVS Pharmacy, LLC Case No.: 2:19-cv-01554-RFB-VCF Stipulation to Extend Discovery and Amend Discovery Scheduling Order (3rd Request) 3 4 5 6 ORDER Pursuant to the stipulation of the appearing parties, and good cause appearing therefore, IT IS SO ORDERED. Dated this 10th day of September, 2020. 7 8 _________________________________ United States Magistrate Judge 9 LAWYERS 6605 GRAND MONTECITO PKWY STE 200 LAS VEGAS, NV 89149 (702) 384-7000 ALVERSON TAYLOR & SANDERS 10 11 Respectfully submitted by, 12 ALVERSON TAYLOR & SANDERS 13 14 15 16 17 18 By:/s/ LeAnn Sanders______________ LeAnn Sanders, Esq. Nevada Bar No.: 000390 Courtney Christopher, Esq. Nevada Bar No.: 012717 6605 Grand Montecito Parkway, Ste. 200 Las Vegas, NV 89149 Attorneys for Defendant NEVADA CVS PHARMACY, LLC 19 20 21 22 23 24 25 26 27 28 5 CC-26579 Case 2:19-cv-01554-RFB-VCF Document 28 27 Filed 09/10/20 Page 6 of 6

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