Foley v. Ashkenazi et al, No. 2:2019cv01829 - Document 26 (D. Nev. 2020)

Court Description: ORDER granting 25 Stipulation to Extend Discovery Deadlines. Discovery due by 3/29/2021. Motions due by 4/27/2021. Proposed Joint Pretrial Order due by 6/1/2027. Signed by Magistrate Judge Daniel J. Albregts on 8/25/2020. (Copies have been distributed pursuant to the NEF - DRS)

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Foley v. Ashkenazi et al Doc. 26 Case 2:19-cv-01829-RFB-DJA Document 26 25 Filed 08/25/20 08/24/20 Page 1 of 6 4 1 7 GARY P. SINKELDAM Nevada Bar No. 6500 AMY R. LANCASTER Nevada Bar No. 9608 ANAIS M. CACCAMO Nevada Bar No. 13083 8540 S. Eastern Avenue, Suite 180 Las Vegas, Nevada 89123 Tel (702) 866-0089 Fax (702) 866-0093 8 Attorneys for Defendants SDI Technologies, Inc and Aharon Ashkenazi 2 3 4 5 6 9 UNITED STATES DISTRICT COURT 10 CLARK COUNTY, NEVADA 11 12 13 14 15 16 17 18 19 JENA FOLEY, CASE NO.: 2:19-cv-01829-RFB-DJA Plaintiffs, v. STIPULATION AND ORDER TO EXTEND DISCOVERY (THIRD REQUEST) AHARON ASHKENAZI, an individual; SDI TECHNOLOGIES INC., a foreign corporation; ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, LLC dba ENTERPRISE RENTA-CAR, a foreign limited-liability company; DOES I through X; and ROE CORPORATIONS XI through XX, inclusive, Defendants. 20 21 22 Defendants AHARON ASHKENAZI and SDI TECHNOLOGIES, INC., by its attorneys 23 of record, the LAW OFFICES OF GARY P. SINKELDAM, APC and Plaintiff, JENA FOLEY, 24 25 26 27 28 by and through her attorneys of record, BRIAN E. LUNT, ESQ., of EDWARD M. BERSTEIN & ASSOCIATES, collectively and pursuant to Local Rule 26-3, stipulate to modify their discovery plan as follows: 1. Plaintiff filed her Complaint in the Eighth Judicial District Court for Clark 1 Dockets.Justia.com Case 2:19-cv-01829-RFB-DJA Document 26 25 Filed 08/25/20 08/24/20 Page 2 of 6 4 1 2 3 4 5 6 7 8 County, Nevada on September 25, 2019. Defendant removed the action to this Court on October 21, 2019 (ECF No. 1). 2. The Parties held their F.R.C.P. 26 conference on December 4, 2019 and filed their initial Joint Discovery Plan and Scheduling Order in compliance with F.R.C.P. 26(f) and LR 26-1 on December 18, 2019 (ECF No. 15). 3. The Parties stipulated to continue their Joint Discovery Plan in order to accommodate some delays due to the Plaintiff’s fusion surgery and ongoing medical treatment 9 which Plaintiff alleges are a result of the subject collision, and agreed to a 90-day extension of the 10 original discovery dates. This Court approved and ordered the below schedule of discovery 11 effective February 11, 2020 (ECF No. 18): 12 Last Day of Discovery: August 31, 2020 13 Last day to amend/add: June 1, 2020 14 15 Initial expert disclosure: June 1, 2020 16 Joint interim status report: July 2, 2020 17 Rebuttal expert disclosure: July 1, 2020 18 Dispositive Motions filed: September 29, 2020 19 20 21 Joint pre-trial order: October 30, 2020 4. The Parties stipulated to continue their Joint Discovery Plan due to delays that 22 occurred with the mandated COVID-19 restrictions. This Court approved and ordered the below 23 schedule of discovery effective May 15, 2020 (ECF No. 23): 24 25 26 27 28 Last Day of Discovery: December 29, 2020 Last day to amend/add: September 29, 2020 Initial expert disclosure: September 29, 2020 Joint interim status report: October 29, 2020 2 Case 2:19-cv-01829-RFB-DJA Document 26 25 Filed 08/25/20 08/24/20 Page 3 of 6 4 Rebuttal expert disclosure: October 30, 2020 1 2 Dispositive Motions filed: January 27, 2021 3 Joint pre-trial order: March 1, 2021 4 5 6 7 5. In compliance with Local Rule 26-3, the parties provide the following information regarding the discovery status: a. Discovery Completed: The parties have exchanged initial disclosures of witnesses and documents, have supplemented disclosures and have served 8 9 written discovery. An IME of the Plaintiff was conducted, and this report has 10 already been produced. The parties have conducted the depositions of Plaintiff 11 Jena Foley and Defendant Aharon Ashkenazi. 12 13 b. Discovery that remains to be completed: The parties have agreed to schedule a mediation on October 13 with Hon. Stewart L. Bell (Ret.). 14 15 Additionally, the parties intend to disclose necessary experts and to conduct 16 written discovery and depositions regarding the same following the mediation 17 as necessary. 18 19 20 21 c. Reasons why discovery was not completed: The parties have operated in good faith to move this case forward in a timely manner, but request additional time in order to attempt mediation. From a cost-savings standpoint, alternate 22 dispute resolution is desired prior to disclosure of experts and the taking of 23 physician deposition. There is good cause for an additional ninety (90) day 24 extension of the discovery deadlines due to the COVID-19 restrictions and the 25 26 27 28 parties’ agreement to participate in mediation. Further, Ms. Foley continues to treat and will be undergoing another MRI, which results the parties will need prior to mediation. Therefore, additional time is warranted to allow for the 3 Case 2:19-cv-01829-RFB-DJA Document 26 25 Filed 08/25/20 08/24/20 Page 4 of 6 4 necessary discovery in this matter. 1 d. 2 Proposed schedule for completion of remaining discovery (extension of 3 remaining deadlines by approximately 90 days): 4 Last Day of Discovery: March 29, 2021 5 Last day to amend/add: December 29, 2020 6 Initial expert disclosures: December 29, 2020 7 Joint interim status report: January 29, 2021 8 9 Rebuttal Expert Disclosure: January 29, 2021 10 Dispositive Motions filed: April 27, 2021 11 Joint pre-trial order: June 1, 2021 12 13 14 15 SUBMITTED BY THE FOLLOWING COUNSEL OF RECORD DATED this day of August, 2020 DATED this 19th day of August, 2020 EDWARD M. BERSTEIN & ASSOC. LAW OFFICE OF GARY P. SINKELDAM, APC. /s/Brian E. Lunt Brian E. Lunt, Esq. Nevada Bar No. 11189 500 South Fourth Street Las Vegas, NV 89101 Attorney for Plaintiff /s/ Amy R. Lancaster Amy R. Lancaster, Esq. Nevada Bar No. 9608 8540 S. Eastern Avenue, Ste. 180 Las Vegas, NV 89123 Attorney for Defendants 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER IT IS -SO ORDERED: **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.** 4 Daniel J. Albregts UNITED STATES MAGISTRATE JUDGE DATED: August 25, 2020 Case Case2:19-cv-01829-RFB-DJA 2:19-cv-01829-RFB-DJA Document Document25-1 26 Filed Filed08/25/20 08/24/20 Page Page51ofof62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTACH A – ATHORIZATION FOR ELECTRONIC SIGNATURE 28 5 Case Case2:19-cv-01829-RFB-DJA 2:19-cv-01829-RFB-DJA Document Document25-1 26 Filed Filed08/25/20 08/24/20 Page Page62ofof62 1 2 3 4 5 6 7 8 9 10 11 12 13 From: Brian Lunt [mailto:blunt@edbernstein.com] Sent: Monday, August 24, 2020 10:59 AM To: Amy R. Lancaster Cc: Alicia Lutz; Sherry A. Orona Subject: RE: Foley Amy, Thank you for sending this over. This looks good. You have my permission to use my electronic signature. Sincerely, Brian E. Lunt Senior Associate Attorney Edward M. Bernstein & Associates Main: 702-240-0000 Direct: 702-471-5624 Fax: 702-385-4640 blunt@edbernstein.com 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6

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