Brower v. McDonald's Corporation, No. 2:2019cv02099 - Document 37 (D. Nev. 2020)
Court Description: ORDER granting 36 Joint STIPULATION FOR EXTENSION OF TIME (Second Request) re Discovery re 33 Order. Discovery due by 3/1/2020. Motions due by 3/31/2020. Proposed Joint Pretrial Order due by 4/30/2021. Signed by Magistrate Judge Brenda Weksler on 6/26/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Brower v. McDonald&#039;s Corporation Doc. 37 Case 2:19-cv-02099-GMN-BNW Document 37 36 Filed 06/29/20 06/25/20 Page 1 of 7 THE LAW OFFICES OF MARY F. CHAPMAN, LTD 8440 W. Lake Mead Blvd. Suite 203 Las Vegas, Nevada 89128 Ph. (702) 202-4223 Fax (702) 202-2003 1 Law Office of Mary F. Chapman, Ltd. Mary F. Chapman, Esq. 2 Nevada Bar No. 6591 8440 W. Lake Mead Blvd. 3 Suite 203 Las Vegas, Nevada 89128 4 (702)202-4223 (702)202-2003 5 maryf.chapman@juno.com Attorney for Plaintiff 6 Dustin Clark, Esq. (#10548) 7 Holly, Driggs, Walch, Fine, Puzey, Stein & Thompson 400 S. 4th Street, Suite 300 8 Las Vegas, Nevada 89101 Tel: (702) 791-0308 9 Email: dclark@nevadafirm.com 10 Stacey A. Campbell, (Colorado Bar #38378) (Admitted Pro Hac Vice) 11 Stacey@Campbell-Litigation.com Alison Lungstrum Macneill, (Colorado Bar #51689) 12 (Admitted Pro Hac Vice) Alison@Campbell-Litigation.com 13 Campbell Litigation, P.C. 1571 Race Street 14 Denver, Colorado 80206 Tel: (303) 536-1833 15 Attorneys for Defendant 16 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 17 DONNA BROWER 18 19 20 21 22 23 ) ) Plaintiff, ) ) vs. ) ) MCDONALD’S CORPORATION, a ) Foreign Corporation licensed ) to do business in Nevada, ) ) ) Defendant. ) _____________________________ ) Case No. 2:19-cv-2099-GMN-BNW SECOND REQUEST TO EXTEND DISCOVERY 24 Pursuant to Federal Rules of Civil Procedure 6 and 16(b)(4) as 25 well as LR IA 6-1, LR IA 6-2, LR 7-1, and LR 26-4, Plaintiff 26 Donna Brower(“Plaintiff” or “Brower”) and Defendant McDonald’s 27 Corporation (“Defendant” or “McDonald”) by and through their 28 respective attorneys, hereby stipulate and agree to extend the Dockets.Justia.com Case 2:19-cv-02099-GMN-BNW Document 37 36 Filed 06/29/20 06/25/20 Page 2 of 7 1 discovery cutoff and other pretrial deadlines by one hundred 2 eighty (180) days due to a medical emergency involving 3 Plaintiff’s minor daughter. Previously the parties extended 4 discovery for ninety (90) days due to various Stay At Home and/or 5 Shelter In Place Orders issued in response to the coronavirus 6 disease 2019 (“COVID-19”) pandemic. 7 The Parties have engaged in extensive written discovery, 8 agreed upon a protective order which was issued by the Court and THE LAW OFFICES OF MARY F. CHAPMAN, LTD 8440 W. Lake Mead Blvd. Suite 203 Las Vegas, Nevada 89128 Ph. (702) 202-4223 Fax (702) 202-2003 9 had scheduled and were preparing to start deposition. However, a 10 medical emergency has arisen causing Plaintiff to be unavailable. 11 Specifically, two days before Plaintiff was to have been deposed, 12 Plaintiff was informed her minor child who has been battling 13 cancer for the past two years has a terminal diagnosis. 14 Plaintiff’s child is in treatment in California and Plaintiff can 15 not travel for the remainder of her time. As expected, Plaintiff 16 will remain at her child’s side and will not be available for 17 deposition. 18 This is the Parties’ second stipulation to extend discovery 19 and other pretrial deadlines and is filed not later than 20 twenty-one days before the discovery cutoff. 21 The Parties are exchanging written discovery, and are 22 discussing what depositions could go forward while Plaintiff is 23 not available. However, to ensure the parties have sufficient 24 time to complete discovery, permit sufficient time for the 25 preparation and filing of dispositive motions, and allow the 26 Court sufficient time to review and rule on any dispositive 27 motion submitted before trial—and for good cause shown—the 28 -2- Case 2:19-cv-02099-GMN-BNW Document 37 36 Filed 06/29/20 06/25/20 Page 3 of 7 1 parties hereby stipulate and respectfully request the Court to 2 extend the remaining discovery and pretrial deadlines as detailed 3 below. 4 In accordance with LR 26-4(a)-(d), the parties provide the 5 following information in support of this stipulation to extend 6 discovery and other pretrial deadlines: 7 (a) Discovery Completed 8 The Parties have served their initial disclosures. Defendant THE LAW OFFICES OF MARY F. CHAPMAN, LTD 8440 W. Lake Mead Blvd. Suite 203 Las Vegas, Nevada 89128 Ph. (702) 202-4223 Fax (702) 202-2003 9 previously served its first set of written discovery to which 10 Plaintiff has responded and provided additional supplemental 11 information thereto. Plaintiff served her first and second set of 12 written discovery requests. Defendant has responded to 13 Plaintiff’s discovery and also provided supplemental information. 14 (b) Discovery That Remains To Be Completed 15 In addition to the prospect of additional written discovery, 16 the Parties have identified individuals whom they plan to depose, 17 and the Parties are working together to determine available 18 deposition dates. It is premature at this stage of the 19 litigation for the Parties to determine the necessity of any 20 expert witnesses. 21 (c) Reasons Why The Deadline Was Not Satisfied Or The Remaining 22 Discovery Was Not Completed Within The Time Limits Set By The 23 Discovery Plan 24 The terminal diagnosis of Plaintiff’s minor child has interrupted 25 the Parties ability to conduct depositions of the Plaintiff and 26 key witnesses for whom Plaintiff’s input is needed. The Parties 27 agree that Plaintiff’s mental state is impacted and prevents her 28 -3- Case 2:19-cv-02099-GMN-BNW Document 37 36 Filed 06/29/20 06/25/20 Page 4 of 7 1 current involvement in these proceedings. 2 Additionally, on March 16, 2020, Chief Judge Miranda M. Du 3 entered Temporary General Order 2020-03, which recognized the 4 recent outbreak of the coronavirus disease 2019 (“COVID-19”) in 5 the District of Nevada, and ordered that “[a]ll civil and 6 criminal trials, including any associated deadlines, are 7 continued until April 10, 2020 pending further order of the 8 Court.” (See Temporary General Order 2020-03). Subsequently, the THE LAW OFFICES OF MARY F. CHAPMAN, LTD 8440 W. Lake Mead Blvd. Suite 203 Las Vegas, Nevada 89128 Ph. (702) 202-4223 Fax (702) 202-2003 9 additional Temporary General Orders 2020-04 to 2020-08 have been 10 issued as the COVID-19 pandemic continues. Similarly, governments 11 in Illinois and Colorado where McDonald’s and its undersigned 12 counsel are located, respectively, issued so-called “Stay-At-Home 13 Orders,” impacting the ability to conduct business as usual. 14 While states are beginning to “open up” the lasting effects will 15 continue as social distancing will remain in place for an unknown 16 time period. Obtaining information from the Parties’ records has 17 been hampered by the reduced work force and stay at home orders. 18 Moreover, travel for depositions has been impacted. 19 Federal Rule of Civil Procedure 6(b)(1) governs extension of 20 time and provides that “the court may, for good cause, extend the 21 time. If a request is made, before the original time or its 22 extension expires.” The parties hereby stipulate and agree to 23 continue or extend the discovery and pretrial deadlines for one 24 hundred eighty (180) days in light of the terminal diagnosis of 25 Plaintiff’s minor child and COVID-19, the District of Nevada’s 26 Temporary General Order 2020-03 through 2020-08, and the 27 respective Stay-At-Home Orders, travel restrictions and social 28 -4- Case 2:19-cv-02099-GMN-BNW Document 37 36 Filed 06/29/20 06/25/20 Page 5 of 7 1 distancing orders affecting the parties and their undersigned 2 counsel. 3 (d) Proposed Schedule For Completing All Remaining Discovery 4 In accordance with LR 26-4(d), the parties propose the 5 following schedule for completing all remaining discovery: 6 1. Discovery Cut-Off Date: Monday, March 1, 2021. 7 2. Fed. R. Civ. P. 26(a)(2) Disclosures (Experts): In 8 accordance with Federal Rule of Civil Procedure 26(a)(2), initial THE LAW OFFICES OF MARY F. CHAPMAN, LTD 8440 W. Lake Mead Blvd. Suite 203 Las Vegas, Nevada 89128 Ph. (702) 202-4223 Fax (702) 202-2003 9 disclosures identifying experts shall be made sixty (60) days 10 prior to the discovery cut-off date, and therefore, not later 11 than Thursday, December 31, 2020, and disclosures identifying 12 rebuttal experts shall be made thirty (30) days after the initial 13 disclosure of experts and, therefore, not later than Monday, 14 February 1, 2019, since the thirtieth day falls on a Saturday. 15 3. Interim Status Report: In accordance with LR 26-3, an 16 Interim Status Report will be filed by the parties with the Court 17 sixty (60) days prior to the discovery cut-off date, and 18 therefore, not later than, Thursday, December 31, 2020. 19 4. Dispositive Motion deadline: The parties shall file 20 dispositive motions not more than thirty days after the discovery 21 cutoff date and, therefore, not later than Wednesday, March 31, 22 2021. 23 5. Joint Pretrial Order: If no dispositive motions are 24 filed, and unless otherwise ordered by this Court, the joint 25 pretrial order shall be filed not more than thirty days after the 26 date set for filing dispositive motions and, therefore, not later 27 than Friday, April 30, 2021. If a dispositive motion is filed, 28 -5- Case 2:19-cv-02099-GMN-BNW Document 37 36 Filed 06/29/20 06/25/20 Page 6 of 7 1 the date for filing the joint pretrial order shall be suspended 2 until thirty days after an order on the dispositive motions or 3 until further order of the Court. 4 6. Subsequent Requests to Extend the Discovery Cut-Off 5 Date: In accordance with LR 26-4, a stipulation or motion for 6 modification or extension of a discovery plan and scheduling 7 order “must be received by the court no later than 21 days before 8 the expiration of the subject deadline.” Id. Therefore, any THE LAW OFFICES OF MARY F. CHAPMAN, LTD 8440 W. Lake Mead Blvd. Suite 203 Las Vegas, Nevada 89128 Ph. (702) 202-4223 Fax (702) 202-2003 9 subsequent request to extend the discovery cut-off date must be 10 filed not later than Monday, February 8, 2021, which is 11 twenty-one days prior to the March 1, 2021 discovery cut-off date 12 requested herein. 13 7. Any deadline not extended pursuant to this Stipulation 14 and Order shall remain controlled by the Joint Discovery Plan and 15 Scheduling Order, ECF No. 16. 16 For the reasons set forth above, the parties stipulate and 17 agree to extend the discovery cutoff and the other pretrial 18 deadlines as detailed herein for one hundred eighty (180) days, 19 and neither Party will be prejudiced by the extension of the 20 deadlines above. 21 Dated: June 25, 2020 22 Respectfully submitted, 23 Law Office of Mary F. Chapman, Ltd. 24 /S/ Mary F. Chapman, Esq. #6591 25 Mary F. Chapman, Esq. 8440 W. Lake Mead Blvd. 26 Suite 203 Las Vegas, Nevada 89128 27 28 -6- Case 2:19-cv-02099-GMN-BNW Document 37 36 Filed 06/29/20 06/25/20 Page 7 of 7 1 Campbell Litigation, P.C. 2 3 4 5 6 /S/ Alison Lungstrum Macneill #51689 Stacey A. Campbell, (Colorado Bar #38378) (Admitted Pro Hac Vice) Stacey@Campbell-Litigation.com Alison Lungstrum Macneill, (Colorado Bar #51689) (Admitted Pro Hac Vice) Alison@Campbell-Litigation.com 1571 Race Street Denver, Colorado 80206 Tel: (303) 536-1833 THE LAW OFFICES OF MARY F. CHAPMAN, LTD 8440 W. Lake Mead Blvd. Suite 203 Las Vegas, Nevada 89128 Ph. (702) 202-4223 Fax (702) 202-2003 7 Dustin Clark, Esq. (#10548) 8 Holly, Driggs, Walch, Fine, Puzey, Stein & Thompson 400 S. 4th Street, Suite 300 9 Las Vegas, Nevada 89101 Tel: (702) 791-0308 10 Email: dclark@nevadafirm.com Attorneys for Defendant 11 12 IT IS SO ORDERED 13 this 26th ___ day of June, 2020. 14 15 16 __________________________ United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 -7-
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