Shankle et al v. The Heights of Summerlin, LLC et al, No. 2:2021cv01316 - Document 21 (D. Nev. 2021)
Court Description: ORDER Denying 19 Discovery Plan and Scheduling Order. Discovery Plan/Scheduling Order due by 9/10/2021. Signed by Magistrate Judge Brenda Weksler on 9/2/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Shankle et al v. The Heights of Summerlin, LLC et al Doc. 21 Case 2:21-cv-01316-JAD-BNW Document 21 19 Filed 09/02/21 09/01/21 Page 1 of 6 IT IS ORDERED that ECF No. 19 is DENIED without prejudice for failure to comply with Local Rule 26-1(a). The parties must resubmit a proposed discovery plan and scheduling order by 9/10/2021. 1 COGBURN LAW Jamie S. Cogburn, Esq. 2 Nevada Bar No. 8409 jsc@cogburncares.com 3 Hunter S. Davidson, Esq. Nevada Bar No. 14860 4 hsd@cogburncares.com 2580 St. Rose Parkway, Suite 330 5 Henderson, Nevada 89074 Telephone: (702) 748-7777 6 Facsimile: (702) 966-3880 Attorneys for Plaintiff 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 13 KASHIF SHANKLE, as Special Administrator for the Estate of RITA Case No.: 2:21-cv-01316-JAD-BNW ESPARZA; ALFRED ESPARZA, as Statutory Heir to RITA ESPARZA; LEONARD ESPARZA, as Statutory Heir to DISCOVERY PLAN AND SCHEDULING RITA ESPARZA; MARIA ESPARZA, as ORDER Statutory Heir to RITA ESPARZA; LILIANA ESPARZA, as Statutory Heir to RITA SUBMITTED IN COMPLIANCE WITH ESPARZA; and LETICIA ESPARZA as LR 26-1(b) Statutory Heir to RITA ESPARZA, 14 vs. 15 THE HEIGHTS OF SUMMERLIN, LLC, a foreign limited liability company; SUMMIT CARE, LLC, a foreign limited liability company; GENESIS HEALTHCARE, INC., a domestic corporation, LATOYA DAVIS, individually and as Administrator; ANDREW REESE, individually and as Administrator; DOE EMPLOYEES 1–10; DOE SERVICE PROVIDERS 11–20; DOE GOVERNING MEMBERS 21–30; ROE GOVERNING BODIES 31–40; and DOES 41–50; and ROE CORPORATIONS 51–60, inclusive, 10 11 12 16 17 18 19 20 21 22 Plaintiff, Defendants. Plaintiffs KASHIF SHANKLE, as Special Administrator for the Estate of RITA 23 ESPARZA; ALFRED ESPARZA, LEONARD ESPARZA, RITA ESPARZA; MARIA 24 Page 1 of 6 Dockets.Justia.com Case 2:21-cv-01316-JAD-BNW Document 21 19 Filed 09/02/21 09/01/21 Page 2 of 6 1 ESPARZA, RITA ESPARZA, LILIANA ESPARZA, and LETICIA ESPARZA (colletively, 2 “Plaintiffs”) and Defendants THE HEIGHTS OF SUMMERLIN, LLC, SUMMIT CARE, LLC, 3 GENESIS HEALTHCARE, INC., LATOYA DAVIS, and ANDREW REESE (collectively, 4 “Defendants”), by and through their respective counsel of record, held a telephonic conference on 5 August 31, 2021 and file this Stipulated Discovery Plan and Scheduling Order pursuant to Fed. R. 6 Civ. P. 26(f) and Local Rule 26-1. 7 PROPOSED SCHEDULE 8 I. FED. R. CIV. P. 26(a) INITIAL DISCLOSURE 9 Parties have agreed to exchange initial disclosures no later than September 14, 2021, 10 which is 14 days after the Rule 26 Conference was held. The parties expressly agree any document 11 productions shall be bates-stamped with the parties’ respective identifying bates system. Other 12 than this, no changes are necessary in the form or requirement for disclosures under Fed. R. Civ. 13 P. 26(a). 14 II. ESTIMATE OF TIME REQUIRED FOR DISCOVERY 15 A. 16 Discovery will take 270 days from July 19, 2021, which is the date Defendant The Heights DISCOVERY CUT-OFF DATE 17 of Summerlin, LLC filed its Motions to Dismiss Plaintiff’s Complaint, the first responsive 18 pleading. Accordingly, all discovery must be completed no later than April 15, 2022. The parties 19 may conduct discovery within the scope of Fed. R. Civ. P. 26(b). Subject to the foregoing, 20 discovery need not be limited or focused on particular issues or conducted in phases. 21 B. 22 Unless stated herein or ordered by the Court, the date for filing motions to amend the AMENDING THE PLEADINGS AND ADDING PARTIES 23 pleadings or to add parties shall not be later than 90 days prior to the discovery cut-off date, and 24 therefore not later than January 14, 2022. Page 2 of 6 Case 2:21-cv-01316-JAD-BNW Document 21 19 Filed 09/02/21 09/01/21 Page 3 of 6 1 C. 2 In accordance with Fed. R. Civ. P. 26(a)(2), disclosures identifying experts shall be made FED. R. CIV. P. 26(a)(2) DISCLOSURES (EXPERTS) 3 60 days prior to the discovery cut-off date, and therefore not later than February 14, 2022 and 4 disclosures of rebuttal experts shall be made 30 days after the initial disclosure of experts, and 5 therefore not later than March 16, 2022. 6 D. 7 The parties shall file dispositive motions 30 days after the discovery cut-off date, and DISPOSITIVE MOTIONS 8 therefore not later than May 16, 2022. 9 10 E. PRETRIAL ORDER If no dispositive motions are filed, and unless otherwise ordered by this Court, the Joint 11 Pretrial Order shall be filed 30 days after the date set for filing dispositive motions, and therefore 12 not later than June 15, 2022. In the event dispositive motions are filed, the date for filing the Joint 13 Pretrial Order shall be suspended until 30 days after the Court enters a ruling on the dispositive 14 motions, or otherwise by further order of the Court. The disclosures required by Fed. R. Civ. P. 15 26(a)(3), and any objections thereto, shall be included in the Joint Pretrial Order. 16 F. 17 The parties certify that they met and conferred about the possibility of using alternative ALTERNATIVE DISPUTE RESOLUTION 18 dispute-resolution processes including mediation, arbitration, and if applicable, early neutral 19 evaluation. 20 G. 21 The parties certify that they considered consenting to trial by a magistrate judge and use of ALTERNATIVE FORMS OF CASE DISPOSTION 22 the Short Trial Program. 23 24 Page 3 of 6 Case 2:21-cv-01316-JAD-BNW Document 21 19 Filed 09/02/21 09/01/21 Page 4 of 6 1 2 3 H. ELECTRONIC EVIDENCE 1. Electronically Stored Information and Electronic Service of Discovery The parties have discussed the retention and production of electronic data. The parties 4 consent to electronic service of any and all discovery documents. Said service shall be deemed 5 completed by sending an email with the related discovery document(s) to all service addresses for 6 counsel and counsel’s staff on record with the court for the above-captioned matter at the time of 7 service. The parties further agree, when serving by email, if any error or delayed delivery message 8 is received by the sending party, that party shall promptly (within one business day of receipt of 9 such message) notify the intended recipient(s) of the message and serve the pleading or other 10 papers by other authorized means. This consent does not preclude counsel from serving discovery 11 documents by mail in accordance with Fed. R. Civ. 5(b), including service of electronic files 12 copied to compact disc or similar storage media. Whether served by e-mail or by mail, three 13 additional days shall be added to the timeline within which to respond, as provided for in Fed. R. 14 Civ. P. 6(d). To the extent discovery requests are served on a Saturday, Sunday, or legal holiday, 15 service will be deemed effective on the next day that is not a Saturday, Sunday, or legal holiday. 16 The parties reserve the right to revisit this issue if a dispute or need arises. 17 18 2. Electronic Evidence Conference Certification The parties further intend to present evidence in electronic format to jurors for the purposes 19 of jury deliberations. The parties discussed the presentation of evidence for juror deliberations, but 20 did not reach any stipulations as to that method as this early stage. 21 III. EXTENSIONS OR MODIFICATIONS OF THE DISCOVERY PLAN AND SCHEDULING ORDER 22 LR 26-3 governs modifications or extensions to this discovery plan and scheduling order. 23 24 Page 4 of 6 Case 2:21-cv-01316-JAD-BNW Document 21 19 Filed 09/02/21 09/01/21 Page 5 of 6 1 IV. PROVIDING “SHELLS” OR WORD VERSIONS TO OPPOSING COUNSEL FOR ALL WRITTEN DISCOVERY PROPOUNDED 2 The parties agree that for each set of written discovery propounded upon the other, an 3 accompanying “word” or “word perfect” version of said discovery set shall be provided in order 4 to reduce the time and effort in having to type out the requests or interrogatories. The failure to do 5 so does not deem service of the written discovery ineffective. 6 V. PROTECTION OF PRIVILEGED/TRIAL PREPARATION MATERIAL 7 If a party discovers it has inadvertently disclosed privileged or trial preparation material, it 8 agrees to notify the opposing party in writing within 30 days of the discovery that such document(s) 9 have been disclosed, which written notification will set forth the basis for the claim that the items 10 disclosed are privileged or trial preparation material. If the party receiving the disclosure agrees 11 that the inadvertently-produced items are privileged or trial preparation material, it will return all 12 such items to the producing party without the retention of any copies. If the receiving party disputes 13 that the items are privileged or trial preparation materials, it will within 30 days of written 14 notification of the inadvertent disclosure, present the disputed items inadvertently disclosed to the 15 court under seal for a decision with respect thereto (without the retention of copies), including with 16 such submission the producing party’s written notification and any statement the receiving party 17 wishes to make in support of its position that the items are not privileged or trial preparation 18 material. If the receiving party disclosed the inadvertently-produced privileged or trial preparation 19 20 21 22 23 24 Page 5 of 6 Case 2:21-cv-01316-JAD-BNW Document 21 19 Filed 09/02/21 09/01/21 Page 6 of 6 1 materials before being notified of the inadvertent disclosure, it will take reasonable steps to retrieve 2 the materials pending resolution of the matter. 3 Dated this 1st day of September 2021. Dated this 1st day of September 2021. 4 COGBURN LAW MESSNER REEVES, LLP 5 By: /s/ Hunter S. Davidson Jamie S. Cogburn, Esq. 6 Nevada Bar No. 8409 Hunter S. Davidson, Esq. 7 Nevada Bar No. 14860 2580 St. Rose Parkway, Suite 330 8 Henderson, Nevada 89074 Attorneys for Plaintiff 9 By: /s/ Courtney Christopher David J. Mortensen, Esq. Nevada Bar No. 2547 Courtney Christopher, Esq. Nevada Bar No. 12717 Derek Linford, Esq. Nevada Bar No. 14909 8945 West Russell Road, Suite 300 Las Vegas, Nevada 89148 Attorneys for Defendants 10 11 ORDER 12 IT IS SO ORDERED. 13 14 15 UNITED STATES DISTRICT JUDGE or UNITED STATES MAGISTRATE JUDGE 16 17 DATE 18 19 20 21 Order IT IS ORDERED that ECF No. 19 is DENIED without prejudice for failure to comply with Local Rule 26-1(a). The parties must resubmit a proposed discovery plan and scheduling order by 9/10/2021. 22 IT IS SO ORDERED 23 24 DATED: 3:44 pm, September 02, 2021 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE Page 6 of 6
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