Herrera v. Aramark Services, Inc., No. 2:2019cv01594 - Document 16 (D. Nev. 2020)

Court Description: ORDER granting 15 STIPULATION FOR EXTENSION OF TIME (Second Request) re Discovery Deadlines re 8 Discovery Plan and Scheduling Order. Discovery due by 3/8/2021. Motions due by 4/7/2021. Proposed Joint Pretrial Order due by 7/7/2021. Signed by Magistrate Judge Daniel J. Albregts on 6/26/2020. (Copies have been distributed pursuant to the NEF - DRS)

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Herrera v. Aramark Services, Inc. Doc. 16 Case 2:19-cv-01594-GMN-DJA Document 16 15 Filed 06/26/20 06/25/20 Page 1 of 12 1 STEVEN B. ABBOTT, ESQ. Nevada Bar No. 010303 2 STEVEN FOREMASTER, ESQ. Nevada Bar No. 10350 3 LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 4 Las Vegas, Nevada 89118 Darrell.Dennis@lewisbrisbois.com 5 Steven.Abbott@lewisbrisbois.com Steven.Foremaster@lewisbrisbois.com 6 TEL: 702.893.3383 FAX: 702.893.3789 7 Attorneys for Defendant Aramark Correctional Services, LLC (incorrectly named in complaint as 8 Aramark Services, Inc.) 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 RAUL HERRERA, CASE NO. 2:19-cv-01594-GMN-DJA 13 Plaintiff, 14 vs. 15 STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (SECOND REQUEST) ARAMARK SERVICES,INC., a foreign 16 corporation; DOES I through V; and ROE BUSINESS ENTITIES I through V; inclusive, 17 Defendants. 18 19 Pursuant to LR 26-3 and the scheduling order (Doc. 8) in this matter, Plaintiff RAUL 20 HERRERA, by and through his attorneys of record, the law firm GREENMAN GOLDBERG 21 RABY & MARTINEZ, and Defendant ARAMARK CORRECTIONAL SERVICES, LLC, 22 incorrectly named in the complaint as ARAMARK SERVICES, INC., (collectively “the Parties”) 23 by and through its attorneys, LEWIS BRISBOIS BISGAARD & SMITH LLP (collectively “the 24 Parties”) hereby respectfully submit their Stipulation and Order to Extend Time for Discovery 25 (Second Request) pursuant Rules 6(b) and 26(f) of the Federal Rules of Civil Procedure and LR 26 IA 6-1 and LR 26-3. 27 LEWIS This is the Parties’ Second Request for an Extension of Time, and the same is not brought 28 for purposes of delay, but rather for the sole purpose of allowing the parties to diligently and BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4833-0966-0609.1 Dockets.Justia.com Case 2:19-cv-01594-GMN-DJA Document 16 15 Filed 06/26/20 06/25/20 Page 2 of 12 1 adequately prepare their respective cases during ongoing settlement discussions or trial. 2 This stipulation is brought in compliance with LR 26-3 as it is filed 20 days before the 3 expiration of Plaintiff’s Initial Expert Disclosure deadline. Due to certain complexities in this case, 4 5 and in particular, the ongoing COVID-19 pandemic and resulting governmental and Court precautionary restrictions, the parties jointly request a 90-day extension of the deadline for 6 7 8 9 plaintiff’s initial expert disclosure, defendant’s initial expert disclosures, rebuttal expert disclosures, and deadline to file motion(s) to add parties or amend pleadings as detailed herein. REASONS WHY THE DISCOVERY REMAINING WAS NOT COMPLETED WITHIN THE DEADLINES CONTAINED IN THE DISCOVERY SCHEDULING ORDER 10 11 12 The extension is sought for the following reasons: The parties acknowledge that they must be diligent in continuing discovery when they are 13 better able to and have moved discovery forward, however, the COVID-19 slowed down the 14 normal time it takes to respond to written discovery as people were working from home and 15 related issues that negatively impacted the situation. Nevertheless, good cause exists to extend the 16 discovery deadlines as the Parties would like to engage in meaningful discovery. Due to the 17 ongoing COVID-19 pandemic, there are certain limitations regarding deponents and their 18 19 availability for deposition. Also, certain discovery activities are impeded by the social distancing, 20 travel restrictions and other requirements currently being implemented by federal, state and local 21 governments. (see U.S. Dist. Ct. NV Temporary General Orders 2020-03, 2020-04 and 2020-05), 22 Nevada Governor Sisolak declared a state of emergency due to COVID-19. The Nevada 23 State Courts have subsequently issued numerous Administrative Orders indicating that the 24 COVID-19 emergency “as constituting ‘good cause’ and ‘excusable neglect’ warranting the 25 extension of time on non-essential civil case types.” (See Eighth Judicial District Court 26 Administrative Order 20-09 and Administrative Order 20-13). The Nevada Supreme Court has 27 also recommended suspending all jury trials and suggested that the current COVID-19 emergency LEWIS 28 constitutes both “good cause” and also “excusable neglect” warranting extensions in non-essential BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4833-0966-0609.1 2 Case 2:19-cv-01594-GMN-DJA Document 16 15 Filed 06/26/20 06/25/20 Page 3 of 12 1 civil cases, such as the present case. (See Nev. Sup. Ct. AO-0013, at p.2 ¶2 and p.6 ¶8). Thus, 2 moving the discovery deadlines back as requested herein is a reasonable request as COVID-19 has 3 slowed down and/or impacted almost every aspect of life and it has delayed completion of 4 discovery on the current schedule. Furthermore, essential information must be obtained that will greatly impact this case, for 5 6 instance, Plaintiff’s counsel is still continuing on working to obtain surveillance video of the 7 8 subject incident from an entity that is not a party to this litigation. This video is vital to this case as it will clarify the events leading up to and after the subject incident that will directly affect 9 10 11 ongoing settlement discussions. In addition, discovery, deposition, motion practice, and trial preparation as well as the ongoing settlement discussions hinge on the events captured by the 12 surveillance video and the parties would like that information before conducting depositions. 13 To date, the parties have exchanged documents disclosures and supplemented mandatory 14 disclosures as needed. Defendant has also propounded discovery, and Plaintiff has responded to 15 written discovery. Defendant granted Plaintiff multiple extensions to respond to written discovery. 16 Plaintiff has also propounded written discovery to Defendant and Plaintiff granted multiple 17 18 extensions to Defendant to respond to written discovery. The aforementioned COVID-19 19 pandemic slowed down the entire process in responding to discovery. Defendant timely responded 20 to Plaintiff’s written discovery but the COVID-19 pandemic caused delays in responding to 21 Plaintiff’s written discovery. Currently, depositions have not been scheduled due to the recent 22 COVID-19 preventative restrictions. Production and receipt of the aforementioned surveillance 23 video is also in progress. 24 ... 25 26 ... 27 . . . LEWIS 28 . . . BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4833-0966-0609.1 3 Case 2:19-cv-01594-GMN-DJA Document 16 15 Filed 06/26/20 06/25/20 Page 4 of 12 1 IT IS HEREBY STIPULATED AND AGREED to by the Parties that the discovery 2 deadlines in this matter be continued for a period of 90 days to allow the parties additional time to 3 4 complete discovery, retain and disclose experts and allow parties additional time to continue ongoing settlement discussions. This additional time will also account for the current COVID-19 5 6 7 8 preventative restrictions and any potential future preventative actions taken by federal, state and local governments should they be implemented. STATEMENT SPECIFYING THE DISCOVERY THAT HAS BEEN COMPLETED. 9 1. The parties participated in the Fed.R.Civ.P 26(f) conference; 10 2. Parties have made their disclosures and supplements pursuant to Fed.R. Civ. P. 11 26.1(a)(1); 12 3. Defendant propounded written discovery to Plaintiff. 4. Plaintiff responded to Defendant’s written discovery. 15 5. Plaintiff propounded written discovery to Defendant. 16 6. Defendant responded to Defendant’s written discovery. 17 7. Plaintiff has issued written discovery requesting production of materials from entities 13 14 18 19 20 21 LEWIS that are not a party to this case SPECIFIC DESCRIPTON OF DISCOVERY THAT REMAINS TO BE DONE 1. Discovery response and productions from entities that are not a party to this lawsuit; 2. Plaintiff’s deposition is still pending; 22 3. Designation of expert witnesses; 23 4. Designation of rebuttal expert witnesses; 24 5. An Independent Medical Examination of Plaintiff; 25 6. Fact and witness depositions will be taken including the following: 26 A. Plaintiff; 27 B. Plaintiff’s treating physicians; 28 C. Defendant’s FRCP 30(b)(6) witnesses; BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4833-0966-0609.1 4 Case 2:19-cv-01594-GMN-DJA Document 16 15 Filed 06/26/20 06/25/20 Page 5 of 12 1 D. Fact witnesses; and 2 E. Expert witnesses 3 7. Additional follow up written discovery. 4 The Parties are diligently moving forward with discovery. The Parties hereby request an 5 extension of discovery deadlines and now respectfully request this Honorable Court grant this joint request to move the deadline for discovery back. The Parties propose additional Interim 6 Status Reports be set to keep the Court apprised of discovery progress as detailed herein. 7 The current deadline for Plaintiff’s Initial Disclosure of Experts is Monday, August 10, 8 2020. Accordingly, this request is being brought 20 days prior to that date. Here, good cause exists 9 because the parties have been diligent in conducting discovery. However, additional time is 10 needed to complete the investigation in this matter and other related discovery and to account for 11 the current COVID-19 environment and ongoing protective measures. 12 PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY 13 As a result of the above, it is requested that the discovery deadlines be continued 90 days 14 from their present deadlines as follows along with the addition of multiple additional joint interim 15 status reports to keep the Court apprised of discovery progress: 16 PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY 17 Current Date Proposed Date 18 1st Joint Interim Status Reports 03/20/2020 Completed 19 2nd Joint Interim Status Report 09/17/2020 12/15/2020 3rd Joint Interim Status Report 11/02/2020 02/01/2021 Amend Pleadings/Add Parties 08/10/2020 11/09/2020 Plaintiff’s Initial Expert Disclosure 08/10/2020 11/09/2020 24 Defendant’s Initial Expert Disclosure 09/10/2020 12/08/2020 25 Rebuttal Expert Disclosure 10/12/2020 01/11/2021 26 Discovery Cut-off 12/09/2020 03/08/2021 27 Dispositive Motions 01/07/2021 04/07/2021 20 21 22 23 LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4833-0966-0609.1 5 Case 2:19-cv-01594-GMN-DJA Document 16 15 Filed 06/26/20 06/25/20 Page 6 of 12 1 Joint Pretrial Order 2 07/07/2021 Extensions or Modifications of the Discovery Plan and Scheduling Order: 3 4 04/08/2021 Any stipulation or motion must be made no later than 21 days before the subject deadline. Requests to extend discovery deadlines must comply fully with LR 26-3. 5 CONCLUSION 6 Based on the foregoing the Parties respectfully request that this Honorable Court approve 7 8 this Second Stipulation to Extend the Time for Discovery. 9 RESPECTFULLY SUBMITTED 10 DATED this 25th day of June, 2020. DATED this 25th day of June, 2020. 11 12 GREENMAN, GOLDBERG, RABY & MARTINEZ 13 14 15 16 17 18 19 20 /s/ William T. Martin ___________________________________ GABRIEL A. MARTINEZ, ESQ. Nevada Bar No. 326 DILLON G. COIL, ESQ. Nevada Bar No. 11541 WILLIAM T. MARTIN, ESQ. Nevada Bar No. 2534 2700 s. Maryland Pkwy, Ste. 100 Las Vegas, NV 89109 Attorneys for Plaintiff LEWIS BRISBOIS BISGAARD & SMITH LLP /s/ Steven Abbott __________________________________ STEVEN ABBOTT, ESQ. Nevada Bar #10303 STEVEN FOREMASTER, ESQ. Nevada Bar #10350 6385 S. Rainbow Blvd., Suite 600 Las Vegas, NV 89118 Attorney for Defendant 21 22 . . . 23 . . . 24 . . . 25 26 27 LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4833-0966-0609.1 6 Case 2:19-cv-01594-GMN-DJA Document 16 15 Filed 06/26/20 06/25/20 Page 7 of 12 Case No.: 2:19-cv-01594-GMN-DJA Stipulation and Order to Extend Discovery Deadlines (Second Request) 1 2 3 ORDER 4 Based upon the Stipulation of the Parties hereto, and with good cause appearing therefore, 5 6 7 IT IS HEREBY ORDERED, that the Stipulation to Extend herein above is hereby Granted. 26th day of June, 2020 DATED: this _______ 8 9 _____________________________________________ UNITEDSTATES STATESMAGISTRATE DISTRICT JUDGE UNITED JUDGE 10 11 **NOTE - The Local Rules as amended on 4/17/2020 eliminated former Local Rule 26-3's requirement for Interim Status Reports. Therefore, the parties are not required to submit an Interim Status Report. The parties are directed to review the revised local rules for further changes.** 12 13 Respectfully Submitted By: 14 LEWIS BRISBOIS BISGAARD & SMITH LLP 15 /s/ Steven Abbott ___________________________________ 16 STEVEN B. ABBOTT, ESQ. Nevada Bar No. 010303 17 STEVEN FOREMASTER, ESQ. Nevada Bar No. 10350 18 6385 South Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 19 20 Attorneys for Defendant Aramark Correctional Services, LLC (incorrectly named in complaint as 21 Aramark Services, Inc.) 22 23 24 25 26 27 LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4833-0966-0609.1 7 Case 2:19-cv-01594-GMN-DJA Document 16 15 Filed 06/26/20 06/25/20 Page 8 of 12 Rainey, Sherry From: Sent: To: Cc: Subject: Abbott, Steven Wednesday, June 24, 2020 6:02 PM 'William Martin'; Foremaster, Steven Rainey, Sherry RE: Herrera File Thanks Will Best Steven From: William Martin [mailto:wmartin@ggrmlawfirm.com] Sent: Wednesday, June 24, 2020 5:23 PM To: Foremaster, Steven Cc: Rainey, Sherry; Abbott, Steven Subject: [EXT] RE: Herrera File Yes you have my consent to attach my signature to the SAO. Will Martin Associate Attorney O: 702.384.1616 | F: 702.384.2990 | www.ggrmlawfirm.com 2770 S. Maryland Pkwy Ste. 100 Las Vegas, NV 89109 From: Foremaster, Steven <Steven.Foremaster@lewisbrisbois.com> Sent: Wednesday, June 24, 2020 4:33 PM To: William Martin <wmartin@ggrmlawfirm.com> Cc: Rainey, Sherry <Sherry.Rainey@lewisbrisbois.com>; Abbott, Steven <Steven.Abbott@lewisbrisbois.com>; Foremaster, Steven <Steven.Foremaster@lewisbrisbois.com> Subject: FW: Herrera File Will, The revised SAO is now attached. Please review and let us know asap if we can us your e-signature on same. Foremaster From: Foremaster, Steven Sent: Wednesday, June 24, 2020 4:27 PM To: 'William Martin' Cc: Rainey, Sherry; Abbott, Steven; Foremaster, Steven Subject: RE: Herrera File 1 Case 2:19-cv-01594-GMN-DJA Document 16 15 Filed 06/26/20 06/25/20 Page 9 of 12 Will, Here is the prior email with the revised SAO. Please let us know we can use your e-signature on same so we can get this filed today. Thanks. Foremaster From: Foremaster, Steven Sent: Wednesday, June 24, 2020 3:15 PM To: 'William Martin' Cc: Rainey, Sherry; Abbott, Steven; Foremaster, Steven Subject: RE: Herrera File Will, Attached is the revised edition reflecting consistent reference to LR 26-3 and LR IC 6.1 for your review and approval. Foremaster From: William Martin [mailto:wmartin@ggrmlawfirm.com] Sent: Wednesday, June 24, 2020 2:52 PM To: Abbott, Steven; Foremaster, Steven Cc: Rainey, Sherry Subject: [EXT] RE: Herrera File 26.4 – my typing isn’t keeping up with my thoughts. Call me if you are confused. Sorry Will Martin Associate Attorney O: 702.384.1616 | F: 702.384.2990 | www.ggrmlawfirm.com 2770 S. Maryland Pkwy Ste. 100 Las Vegas, NV 89109 From: William Martin Sent: Wednesday, June 24, 2020 2:51 PM To: 'Abbott, Steven' <Steven.Abbott@lewisbrisbois.com>; 'Foremaster, Steven' <Steven.Foremaster@lewisbrisbois.com> Cc: 'Rainey, Sherry' <Sherry.Rainey@lewisbrisbois.com> Subject: RE: Herrera File I meant it says 26.6 erroneously in some places. 26.4 is about responding to written discovery. 2 Case 2:19-cv-01594-GMN-DJA Document 16 15 Filed 06/26/20 06/25/20 Page 10 of 12 Will Martin Associate Attorney O: 702.384.1616 | F: 702.384.2990 | www.ggrmlawfirm.com 2770 S. Maryland Pkwy Ste. 100 Las Vegas, NV 89109 From: William Martin Sent: Wednesday, June 24, 2020 2:50 PM To: Abbott, Steven <Steven.Abbott@lewisbrisbois.com>; Foremaster, Steven <Steven.Foremaster@lewisbrisbois.com> Cc: Rainey, Sherry <Sherry.Rainey@lewisbrisbois.com> Subject: RE: Herrera File I just remembered the local rule for extension is 26-3 – some places in the SAO it was listed as 16.4 Will Martin Associate Attorney O: 702.384.1616 | F: 702.384.2990 | www.ggrmlawfirm.com 2770 S. Maryland Pkwy Ste. 100 Las Vegas, NV 89109 From: Abbott, Steven <Steven.Abbott@lewisbrisbois.com> Sent: Wednesday, June 24, 2020 2:42 PM To: William Martin <wmartin@ggrmlawfirm.com>; Foremaster, Steven <Steven.Foremaster@lewisbrisbois.com> Cc: Rainey, Sherry <Sherry.Rainey@lewisbrisbois.com> Subject: RE: Herrera File Thank you Will Best Steven From: William Martin [mailto:wmartin@ggrmlawfirm.com] Sent: Wednesday, June 24, 2020 2:37 PM To: Abbott, Steven; Foremaster, Steven Subject: [EXT] RE: Herrera File External Email You have my approval to include my electronic signature on this SAO extending discovery. Thanks. 3 Case 2:19-cv-01594-GMN-DJA Document 16 15 Filed 06/26/20 06/25/20 Page 11 of 12 Will Martin Associate Attorney O: 702.384.1616 | F: 702.384.2990 | www.ggrmlawfirm.com 2770 S. Maryland Pkwy Ste. 100 Las Vegas, NV 89109 From: Abbott, Steven <Steven.Abbott@lewisbrisbois.com> Sent: Wednesday, June 24, 2020 2:08 PM To: Foremaster, Steven <Steven.Foremaster@lewisbrisbois.com>; William Martin <wmartin@ggrmlawfirm.com> Subject: RE: Herrera File Importance: High Good afternoon Will: Please find attached the proposed SAO to extend discovery in the above-referenced matter as we discussed yesterday. Please contact me with any questions or changes, - if none please provide consent to add your electronic signature. Best Steven Steven Abbott Partner Steven.Abbott@lewisbrisbois.com T: 702.693.4370 F: 702.893.3789 6385 South Rainbow Blvd., Suite 600, Las Vegas, NV 89118 | LewisBrisbois.com Representing clients from coast to coast. View our locations nationwide. This e-mail may contain or attach privileged, confidential or protected information intended only for the use of the intended recipient. If you are not the intended recipient, any review or use of it is strictly prohibited. If you have received this e-mail in error, you are required to notify the sender, then delete this email and any attachment from your computer and any of your electronic devices where the message is stored. From: Foremaster, Steven Sent: Tuesday, June 23, 2020 5:36 PM To: 'wmartin@ggrmlawfirm.com' Cc: Abbott, Steven; Foremaster, Steven Subject: Herrera File Will, Would you be willing to email me the Word version of the First Request to Extend Discovery Deadlines your office filed back in April? Sincerely, 4 Case 2:19-cv-01594-GMN-DJA Document 16 15 Filed 06/26/20 06/25/20 Page 12 of 12 Steven L. Foremaster Attorney Steven.Foremaster@lewisbrisbois.com T: 702.693.4304 F: 702.893.3789 6385 South Rainbow Blvd., Suite 600, Las Vegas, NV 89118 | LewisBrisbois.com Representing clients from coast to coast. View our locations nationwide. This e-mail may contain or attach privileged, confidential or protected information intended only for the use of the intended recipient. If you are not the intended recipient, any review or use of it is strictly prohibited. If you have received this e-mail in error, you are required to notify the sender, then delete this email and any attachment from your computer and any of your electronic devices where the message is stored. * * * This e-mail and any attachments may contain confidential and privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail, delete this e-mail and destroy any copies. Any dissemination or use of this information by a person other than the intended recipient is unauthorized and may be illegal. * * * This e-mail and any attachments may contain confidential and privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail, delete this e-mail and destroy any copies. Any dissemination or use of this information by a person other than the intended recipient is unauthorized and may be illegal. * * * This e-mail and any attachments may contain confidential and privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail, delete this e-mail and destroy any copies. Any dissemination or use of this information by a person other than the intended recipient is unauthorized and may be illegal. 5

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