Herrera v. Aramark Services, Inc., No. 2:2019cv01594 - Document 18 (D. Nev. 2020)
Court Description: ORDER granting 17 STIPULATION FOR EXTENSION OF TIME (Third Request) of Discovery Deadlines. Discovery due by 7/6/2021. Motions due by 8/6/2021. Proposed Joint Pretrial Order due by 11/5/2021. Signed by Magistrate Judge Daniel J. Albregts on 9/10/2020. (Copies have been distributed pursuant to the NEF - DRS)
Download PDF
<![CDATA[
Herrera v. Aramark Services, Inc. Doc. 18 Case 2:19-cv-01594-GMN-DJA Document 18 17 Filed 09/10/20 09/08/20 Page 1 of 7 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 Steven.Abbott@lewisbrisbois.com 5 Steven.Foremaster@lewisbrisbois.com TEL: 702.893.3383 6 FAX: 702.893.3789 Attorneys for Defendant Aramark Correctional 7 Services, LLC (incorrectly named in complaint as Aramark Services, Inc.) 8 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 (THIRD 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. 15) 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 (Third Request) pursuant Rules 6(b) and 26(f) of the Federal Rules of Civil Procedure and LR IA 26 6-1 and LR 26-3. 27 LEWIS This is the Parties’ Third Request for an Extension of Time, and the same is not brought 28 for purposes of delay, but rather for the purposes of allowing Plaintiff to evaluate the need for a BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4819-3245-2298.1 Dockets.Justia.com Case 2:19-cv-01594-GMN-DJA Document 18 17 Filed 09/10/20 09/08/20 Page 2 of 7 1 potential surgery on an injured body part and for the parties to diligently and adequately prepare 2 their respective cases during ongoing settlement discussions or trial. Plaintiff a has been 3 experiencing increasing pain in his left shoulder, a body part he alleges was injured as a result of 4 the subject incident. He is currently obtaining an evaluation for continued treatment and 5 possible surgery on said left shoulder . Thus, an extension of the current discovery deadlines 6 is warranted. 7 This stipulation is brought in compliance with LR 26-3 as it is filed 20 days before the 8 expiration of Plaintiff’s Initial Expert Disclosure deadline. Due to certain complexities in this case, 9 and in particular, the ongoing COVID-19 pandemic and resulting governmental and Court 10 precautionary restrictions, the parties jointly request a 120-day extension of the deadline for 11 12 plaintiff’s initial expert disclosure, defendant’s initial expert disclosures, rebuttal expert 13 disclosures, and deadline to file motion(s) to add parties or amend pleadings as detailed herein. 14 REASONS WHY THE DISCOVERY REMAINING WAS NOT COMPLETED WITHIN THE DEADLINES CONTAINED IN THE DISCOVERY SCHEDULING ORDER 15 16 17 The extension is sought for the following reasons: The parties acknowledge that they must be diligent in continuing discovery when they are 18 better able to and have moved discovery forward, however, although certain restrictions have been 19 lifted, the COVID-19 environment has slowed down the normal time it takes to conduct discovery 20 as people are working from home and related issues that negatively impact the situation. 21 Nevertheless, good cause exists to extend the discovery deadlines as the Parties would like to 22 engage in meaningful and necessary discovery. Due to the ongoing COVID-19 pandemic, there 23 24 are certain limitations regarding deponents and their availability for deposition. Also, certain 25 discovery activities are impeded by the social distancing, travel restrictions and other requirements 26 currently being implemented by federal, state and local governments. (see U.S. Dist. Ct. NV 27 Temporary General Orders 2020-03, 2020-04 and 2020-05). LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4819-3245-2298.1 2 Case 2:19-cv-01594-GMN-DJA Document 18 17 Filed 09/10/20 09/08/20 Page 3 of 7 1 Nevada Governor Sisolak declared a state of emergency due to COVID-19. The Nevada 2 State Courts have subsequently issued numerous Administrative Orders indicating that the 3 COVID-19 emergency “as constituting ‘good cause’ and ‘excusable neglect’ warranting the 4 extension of time on non-essential civil case types.” (See Eighth Judicial District Court 5 Administrative Order 20-09, Administrative Order 20-13 and Administrative Order 20-17). The 6 Nevada Supreme Court has also recommended suspending all jury trials and suggested that the 7 current COVID-19 emergency constitutes both “good cause” and also “excusable neglect” 8 warranting extensions in non-essential civil cases, such as the present case. (See Nev. Sup. Ct. 9 AO-0013, at p.2 ¶2 and p.6 ¶8). Although Administrate Order 20-17 allows for in-person 10 deposition, social distancing restrictions were also mandated for these depositions. Thus, moving 11 the discovery deadlines back as requested herein is a reasonable request as COVID-19 is 12 continuing to slow down and/or impact almost every aspect of life and it has delayed completion 13 of discovery on the current schedule despite the recent relaxing of certain restrictions and practices 14 by both the Courts and state government. 15 Furthermore, Plaintiff recently disclosed ongoing medical treatment, including, the likely 16 need for possible surgery on his left shoulder which he alleges was injured as a result of the 17 subject incident. Thus, Plaintiff is still treating and this means that taking both his deposition and 18 an independent medical examination must be postponed. This disclosure has changed the 19 20 requirements of the case as it now involves a more serious condition that will require not only 21 evaluation but additional discovery by the parties and their respective experts. Substantial 22 additional time is needed by both parties to further develop their cases as well as attempt to 23 resolve the claims. 24 25 To date, the parties have exchanged documents disclosures and supplemented mandatory disclosures as needed. Defendant has also propounded discovery, and Plaintiff has responded to 26 written discovery. Defendant granted Plaintiff multiple extensions to respond to written discovery. 27 LEWIS 28 Plaintiff has also propounded written discovery to Defendant and Plaintiff granted multiple BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4819-3245-2298.1 3 Case 2:19-cv-01594-GMN-DJA Document 18 17 Filed 09/10/20 09/08/20 Page 4 of 7 1 extensions to Defendant to respond to written discovery. The aforementioned COVID-19 2 pandemic slowed down the entire process in responding to discovery. Defendant timely responded 3 4 to Plaintiff’s written discovery but the COVID-19 pandemic caused delays in responding to Plaintiff’s written discovery. Currently, depositions of the FRCP 30(b)(6) witnesses of Defendant 5 6 7 are being scheduled though COVID-19 precautions are hampering progress. IT IS HEREBY STIPULATED AND AGREED to by the Parties that the discovery 8 deadlines in this matter be continued for a period of 120 days to allow the parties additional time 9 for discovery to be completed, to retain and disclose experts, for Plaintiff to have his left shoulder 10 evaluated and allow the parties additional time to continue ongoing settlement discussions. This 11 additional time will also account for the ongoing COVID-19 preventative restrictions and any 12 potential future preventative actions taken by federal, state and local governments should they be 13 14 15 implemented. STATEMENT SPECIFYING THE DISCOVERY THAT HAS BEEN COMPLETED. 16 1. The parties participated in the Fed.R.Civ.P 26(f) conference; 17 2. Parties have made their disclosures and supplements pursuant to Fed.R. Civ. P. 18 19 26.1(a)(1); 3. Defendant propounded written discovery to Plaintiff. 4. Plaintiff responded to Defendant’s written discovery. 5. Plaintiff propounded written discovery to Defendant. 23 6. Defendant responded to Defendant’s written discovery. 24 7. The surveillance video of the subject incident has been obtained and the parties are 20 21 22 25 26 27 LEWIS currently evaluating the impact of same on the claims and defenses in 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; 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4819-3245-2298.1 4 Case 2:19-cv-01594-GMN-DJA Document 18 17 Filed 09/10/20 09/08/20 Page 5 of 7 1 2. Plaintiff’s deposition is still pending; 2 3. Designation of expert witnesses; 3 4. Designation of rebuttal expert witnesses; 4 5. An Independent Medical Examination of Plaintiff; 5 6. Fact and witness depositions will be taken including the following: 6 7 8 9 A. Plaintiff; B. Plaintiff’s treating physicians; C. Defendant’s FRCP 30(b)(6) witnesses; D. Fact witnesses; and E. Expert witnesses 10 7. Additional follow up written discovery. 11 12 13 The Parties are diligently moving forward with discovery. The recent disclosure by Plaintiff of further deterioration of his left shoulder has increased the necessity of additional discovery. The Parties hereby request an extension of discovery deadlines and now respectfully 14 request this Honorable Court grant this joint request to move the deadline for discovery back. The 15 Parties propose additional Interim Status Reports be set to keep the Court apprised of discovery 16 progress as detailed herein. 17 The current deadline for Plaintiff’s Initial Disclosure of Experts is Thursday, November 18 19, 2020. Accordingly, this request is being brought 72 days prior to that date. Here, good cause 19 exists because the parties have been diligent in conducting discovery. However, additional time is 20 needed for the parties to complete discovery and to account for the current COVID-19 21 environment and ongoing protective measures. 22 PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY 23 As a result of the above, it is requested that the discovery deadlines be continued 120 days 24 25 26 27 LEWIS from their present deadlines as follows along with the addition of multiple additional joint interim status reports to keep the Court apprised of discovery progress: PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY 1st Joint Interim Status Reports 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4819-3245-2298.1 5 Current Date Proposed Date 03/20/2020 Completed Case 2:19-cv-01594-GMN-DJA Document 18 17 Filed 09/10/20 09/08/20 Page 6 of 7 1 2nd Joint Interim Status Report 12/15/2020 04/14/2021 2 3rd Joint Interim Status Report 02/01/2021 06/02/2021 Amend Pleadings/Add Parties 11/09/2020 03/09/2021 Plaintiff’s Initial Expert Disclosure 11/09/2020 03/09/2021 Defendant’s Initial Expert Disclosure 12/08/2020 04/07/2021 7 Rebuttal Expert Disclosure 01/11/2021 05/11/2021 8 Discovery Cut-off 03/08/2021 07/06/2021 9 Dispositive Motions 04/07/2021 08/06/2021 07/07/2021 11/05/2021 3 4 5 6 10 Joint Pretrial Order 11 Extensions or Modifications of the Discovery Plan and Scheduling Order: 12 Any stipulation or motion must be made no later than 21 days before the subject deadline. 13 14 Requests to extend discovery deadlines must comply fully with LR 26-3. CONCLUSION 15 16 Based on the foregoing the Parties respectfully request that this Honorable Court approve 17 this Second Stipulation to Extend the Time for Discovery. 18 19 RESPECTFULLY SUBMITTED DATED this 8th day of September, 2020. DATED this 8th day of September, 2020. 20 LEWIS GREENMAN, GOLDBERG, RABY & 21 MARTINEZ LEWIS BRISBOIS BISGAARD & SMITH LLP 22 /s/ William T. Martin ___________________________________ 23 GABRIEL A. MARTINEZ, ESQ. Nevada Bar No. 326 24 DILLON G. COIL, ESQ. Nevada Bar No. 11541 25 WILLIAM T. MARTIN, ESQ. 26 Nevada Bar No. 2534 2700 s. Maryland Pkwy, Ste. 100 27 Las Vegas, NV 89109 Attorneys for Plaintiff 28 /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 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4819-3245-2298.1 6 Case 2:19-cv-01594-GMN-DJA Document 18 17 Filed 09/10/20 09/08/20 Page 7 of 7 1 Case No.: 2:19-cv-01594-GMN-DJA Stipulation and Order to Extend Discovery Deadlines (Third Request) 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. 9th DATED: this _______ day of September, 2020 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 no longer 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 19 Las Vegas, Nevada 89118 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 4819-3245-2298.1 7
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
