Lemus v. Wehrly et al, No. 2:2021cv01392 - Document 16 (D. Nev. 2021)
Court Description: SCHEDULING ORDER Granting 15 Discovery Plan and Scheduling Order. Discovery due by 5/2/2022. Motions due by 6/1/2022. Proposed Joint Pretrial Order due by 7/1/2022. Signed by Magistrate Judge Daniel J. Albregts on 9/27/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Lemus v. Wehrly et al Doc. 16 Case 2:21-cv-01392-JAD-DJA Document 15 Filed 09/24/21 Page 1 of 6 1 2 3 4 5 6 LAGOMARSINO LAW ANDRE M. LAGOMARSINO, ESQ. Nevada Bar No. 6711 CORY M. FORD, ESQ. Nevada Bar No. 15042 3005 West Horizon Ridge Parkway, #241 Henderson, Nevada 89052 Telephone: (702) 383-2864 Facsimile: (702) 383-0065 AML@lagomarsinolaw.com cory@lagomarsinolaw.com Attorneys for Plaintiff Paul Lemus 7 UNITED STATES DISTRICT COURT 8 PAUL LEMUS, an individual, CASE NO.: 2:21-cv-01392-JAD-DJA 10 Plaintiff, 11 v. 12 13 NYE COUNTY, a political subdivision of the State of Nevada; GEORGE WEHRLY, individually, 14 [PROPOSED] DISCOVERY PLAN AND SCHEDULING ORDER SPECIAL SCHEDULING REVIEW REQUESTED Defendants. 15 16 17 Pursuant to FRCP 26(f) and LR 26-1, the parties, by and through their respective counsel, hereby submit the following proposed Discovery Plan and Scheduling Order. 18 The parties hereby request a special scheduling review to allow discovery to be completed 19 within two hundred forty (240) days, due to Plaintiff’s counsel having a four (4) week long trial 20 starting on October 14, 2021 and a three-four (3-4) week long trial starting on January 24, 2022. 21 1. Fed. R. Civ. P. 26(f) Meeting 1 LAGOMARSINO LAW 3005 W. Horizon Ridge Pkwy., #241, Henderson, Nevada 89052 Telephone (702) 383-2864 Facsimile (702) 383-0065 DISTRICT OF NEVADA 9 22 Pursuant to Fed. R. Civ. P. 26(f), a conference was held on September 24, 2021, and was 23 attended by CORY M. FORD, ESQ. for Plaintiff PAUL LEMUS; and SUSAN E. GILLESPIE, 24 ESQ. of MARQUIS AURBACH COFFING for Defendants NYE COUNTY and GEORGE 25 WEHRLY. Page 1 of 6 Dockets.Justia.com 1 2. 2 Pursuant to FRCP 26(f)(3)(A), the parties stipulate that there shall be no changes to the 3 form or requirement for disclosures under FRCP 26(a). The parties have stipulated that disclosures 4 under FRCP 26(a) shall be due on or before October 8, 2021 including, but not limited, to any 5 Computation(s) of Damages required pursuant to FRCP 26(a)(i)(A)(iii). Changes to Pre-Discovery Disclosures 6 3. 7 The parties agree that all discovery allowed under the Federal Rules of Civil Procedure, 8 including by Rule 26(b), Rule 30, Rule 33, Rule 34, and Rule 36 should be permitted, such that the 9 parties may obtain discovery regarding any non-privileged matter that is relevant to any party’s 10 claim or defense, and proportional to the needs of the case, subject to the limitations imposed by 11 Rule 26(b)(2). Areas of Discovery 12 All parties reserve all rights. 13 4. 14 The parties stipulate that there are no issues pertaining to the disclosure, discovery, or 15 preservation of electronically stored information. The parties anticipate, however, that this case will 16 involve or require the inspection or production of electronically stored information (“ESI”). To the 17 extent a party requests ESI, the parties agree that the ESI can be produced in paper format, as an 18 image (e.g., pdf, jpg, or tiff), or via hard electronic copy (e.g., CD-ROM, DVD, or Dropbox.com). 19 The parties will cooperate in good faith to ensure that ESI is produced in a readily identifiable (and 20 readable) format. 21 5. Issues with Electronically Stored Information Issues Regarding Privilege or Protection 1 LAGOMARSINO LAW 3005 W. Horizon Ridge Pkwy., #241, Henderson, Nevada 89052 Telephone (702) 383-2864 Facsimile (702) 383-0065 Case 2:21-cv-01392-JAD-DJA Document 15 Filed 09/24/21 Page 2 of 6 22 The parties agree to be bound by Federal Rule of Evidence 502 regarding the disclosure of 23 privileged material or work product. Further, the parties acknowledge and agree that while each 24 taking reasonable steps to identify and prevent disclosure of any document (or information) that 25 they believe is privileged, there is a possibility that certain privileged material may be produced Page 2 of 6 1 inadvertently. Accordingly, the parties agree that a party who produces a document protected from 2 disclosure by the attorney-client privilege, attorney work product doctrine, or any other recognized 3 privilege (“privileged document”) without intending to waive the claim of privilege associated with 4 such document shall promptly, meaning within fifteen (15) days after the producing party actually 5 discovers that such inadvertent disclosure occurred, amend its discovery response and notify the 6 requesting party that such document was inadvertently produced and should have been withheld. 7 Once the producing party provides such notice to the requesting party, the requesting party must 8 promptly, meaning within seventy-two (72) hours, return the specified document(s) and any copies 9 thereof. By complying with this obligation, the requesting party does not waive any right to 10 challenge the assertion of privilege and request an order of the court denying such privilege. 11 6. 12 The parties propose the following discovery plan, noting that the first appearance made in 13 this Court was by way of Defendants, NYE COUNTY and GEORGE WEHRLY filing their 14 Motion to Dismiss on September 2, 2021 (ECF No. 10). 15 a. 16 17 Close of Discovery Date The parties herein stipulate that the discovery period shall be two hundred and forty (240) days from September 2, 2021. Therefore, the close of discovery shall be Monday, May 21, 2022. 18 b. 19 20 Discovery Plan Amending the Pleadings or Adding Parties The parties shall have until Tuesday, February 1, 2022, to file any motions to amend the pleadings or to add parties. This is ninety (90) days prior to the close of discovery. 21 c. FRCP 26(a)(2) Disclosure of Experts 1 LAGOMARSINO LAW 3005 W. Horizon Ridge Pkwy., #241, Henderson, Nevada 89052 Telephone (702) 383-2864 Facsimile (702) 383-0065 Case 2:21-cv-01392-JAD-DJA Document 15 Filed 09/24/21 Page 3 of 6 22 23 Disclosure of experts shall proceed according to FRCP Rule 26(a)(2)(D) and LR 26-1(b)(3) as follows: 24 25 1 This deadline falls on April 30, 2022, which is a Saturday. As a result, this deadline extends to the next court day of Monday, May 2, 2022, by operation of FRCP 6 Page 3 of 6 Case 2:21-cv-01392-JAD-DJA Document 15 Filed 09/24/21 Page 4 of 6 • 1 2 3, 2022. • 3 4 5 These deadlines are sixty (60) days before the discovery cut-off date and thirty (30) days after the 6 initial disclosure of experts. d. 8 9 Dispositive Motions The parties shall have until Wednesday, June 1, 2022, to file dispositive motions. This is thirty (30) days after the discovery cut-off date, as required by LR 26-1(b)(4). 10 e. Pre-Trial Order 11 The parties will prepare a consolidated Pre-Trial Order on or before Friday, July 1, 2022, 12 which is not more than thirty (30) days after the date set for filing dispositive motions in this case, 13 as required by LR 26-1(b)(5). In the event dispositive motions are filed, the date for filing the joint 14 pretrial order shall be suspended until thirty (30) days after decision of the dispositive motions or 15 further order of the Court. The disclosure required by FRCP Rule 26(a)(3), and objections thereto, 16 shall be made in the pre-trial order. 17 f. Modifications of the Discovery Plan and Scheduling Order 18 LR 26-4 governs modifications or extensions of this Discovery Plan and Scheduling Order. 19 Any stipulation or motion must be made at least twenty-one (21) days prior to the expiration of any 20 extension thereof that may have been approved by the Court, or at least twenty-one (21) days prior 21 to the expiration of the subject deadline. 1 LAGOMARSINO LAW The disclosure of rebuttal experts and their reports shall occur on or before Monday, April 4, 20222. 7 3005 W. Horizon Ridge Pkwy., #241, Henderson, Nevada 89052 Telephone (702) 383-2864 Facsimile (702) 383-0065 The disclosure of experts and their reports shall occur on or before Thursday, March 22 … 23 … 24 25 2 This deadline falls on April 2, 2022, which is a Saturday. As a result, this deadline extends to the next court day of Monday, April 4, 2022, by operation of FRCP 6 Page 4 of 6 Case 2:21-cv-01392-JAD-DJA Document 15 Filed 09/24/21 Page 5 of 6 1 7. 2 Lastly, pursuant to LR 26-1(b)(7-9),the parties certify as follows: 3 a. That they met and conferred about the possibility of using alternative dispute-resolution 5 process including mediation, arbitration and if applicable, early neutral evaluation. The parties 6 agree to participate in the Early Neutral Evaluation set by the Court. b. Alternative Forms of Case Disposition 8 That they considered consent to trial by magistrate judge under 28 U.S.C. § 636(c) and Fed. 9 R. Civ. P. 73 and the use of the Short Trial Program (General Order 2013-01). At this time, the 10 parties withheld their mutual consent to such forms of alternative case disposition. 11 c. Electronic Evidence 12 That they discussed whether they intend to present evidence in electronic format to jurors 13 for the purposed of the jury deliberations and that no stipulations have been reached as of the filing 14 of this plan regarding providing discovery in an electronic format compatible with the court’s 15 electronic jury evidence display system. 16 17 … 18 19 … 20 21 … 1 LAGOMARSINO LAW Alternative Dispute Resolution 4 7 3005 W. Horizon Ridge Pkwy., #241, Henderson, Nevada 89052 Telephone (702) 383-2864 Facsimile (702) 383-0065 Certifications 22 23 … 24 25 Page 5 of 6 Case 2:21-cv-01392-JAD-DJA Document 15 Filed 09/24/21 Page 6 of 6 1 IT IS SO STIPULATED AND AGREED. 2 DATED this 24th day of September, 2021. DATED this 24th day of September, 2021. 3 LAGOMARSINO LAW MARQUIS AURBACH COFFING /s/ Cory M. Ford______________ ANDRE M. LAGOMARSINO, ESQ. (#6711) CORY M. FORD, ESQ. (#15042) 3005 W. Horizon Ridge Pkwy., #241 Henderson, Nevada 89052 Telephone: (702) 383-2864 Facsimile: (702) 383-0065 Attorneys for Plaintiff Linda Weil /s/ Susan E. Gillespie___________ BRIAN R. HARDY, ESQ. (#10068) SUSAN E. GILLESPIE, ESQ. (#15227) 10001 Park Run Drive Las Vegas, Nevada 89145 Telephone: (702) 382-0711 Facsimile: (702) 382-5816 Attorneys for Defendants Nye County and George Wehrly 4 5 6 7 9 10 11 12 13 14 15 IT IS SO ORDERED. ___________________________________________ UNITED STATES MAGISTRATE JUDGE DATED: ______________________________ DATED: September 27, 2021 16 17 18 19 20 21 1 LAGOMARSINO LAW 3005 W. Horizon Ridge Pkwy., #241, Henderson, Nevada 89052 Telephone (702) 383-2864 Facsimile (702) 383-0065 8 22 23 24 25 Page 6 of 6
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