Ornelas et al v. Amazon.com, Inc. et al, No. 2:2022cv00304 - Document 72 (D. Nev. 2024)
Court Description: ORDER granting 71 Stipulation To extend discovery and other deadlines. Discovery due by 11/16/2024. Motions due by 12/17/2024. Proposed Joint Pretrial Order due by 1/16/2025. Signed by Magistrate Judge Daniel J. Albregts on 4/2/2024. (Copies have been distributed pursuant to the NEF - MAM)
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Ornelas et al v. Amazon.com, Inc. et al 11 22 33 44 55 66 77 Doc. 72 RESNICK & LOUIS, P.C. RANDALL TINDALL Nevada Bar No. 6522 MATTHEW B. BECKSTEAD Nevada Bar No. 14168 8945 West Russell Road, Suite 330 Las Vegas, NV 89148 Telephone: (702) 997-3800 Facsimile: (702) 997-3800 rtindall@rlattorneys.com mbeckstead@rlattorneys.com Attorneys for Oxos, LLC UNITED STATES DISTRICT COURT 88 DISTRICT OF NEVADA 99 10 10 11 11 JUSTIN ORNELAS, JAZMIN ORENELAS and CASE NO.: 2:22-cv-00304-JCM-DJA J.O., Jr., a minor by and through his Guardian Ad Litem, JUSTIN ORNELAS, 12 12 STIPULATION TO EXTEND DISCOVERY AND OTHER DEADLINES Plaintiffs, 13 13 v. 14 14 AMAZON.COM, INC., a foreign corporation; (OXOS, LLC’S FIRST REQUEST, VOKHIDZMON ABDUKARIMOV, an SECOND OVERALL REQUEST) individual; OXOS LLC, a foreign corporation; BXT, INC., an Illinois corporation; and DOES I through 20, inclusive. 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 Defendants. _______________________________________ ROGER LARGAESPADA, individually; JOSE ORLANDO LARGAESPADA, individually Consolidated with: IRENE LARGAESPADA, individually; GLORIA RUTH LARGAESPADA, individually, CASE NO.: 2:23-cv-00609-GMN-VCF v. Plaintiffs, VOKHIDZMON ABDUKARIMOV, an individual; OXOS LLC, a foreign corporation; INKAS, LLC, a foreign corporation; BXT, INC., an Illinois corporation; DOES I through 20; and ROE CORPORATIONS 1 through 20, inclusive, Defendants. 28 1 294848958v.1 Dockets.Justia.com 11 22 AMAZON.COM, INC., a foreign corporation, 33 44 55 66 77 Third-party Plaintiff, v. INKAS, LLC, a foreign corporation, DOES I through X, ROE BUSINESS ENTITIES 1 through 10, inclusive, Third-party Defendants. 88 99 10 10 Defendant OXOS, LLC, (“Defendant Oxos”), by and through its attorneys of record, 11 11 RANDALL TINDALL and MATTHEW B. BECKSTEAD, of the law firm Resnick & Louis, P.C., 12 12 and the other parties to this action, namely Plaintiffs JUSTIN ORNELAS, JAZMIN ORNELAS, 13 13 and JUSTIN ORNELAS as Guardian Ad Litem for minor child J.O., JR., by and through their 14 14 attorneys of record, ROBERT J. STOLL, JR., ROBERT J. STOLL, III, and BAGRIEL A. 15 15 SINISCAL, of the law firm STOLL, NUSSBAUM & POLAKOV; Plaintiffs ROGER 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 LARGAESPADA, ORLANDO LARGAESPADA, IRENE LARGAESPADA, and GLORIA “Parties”), hereby stipulate to extend the deadlines in this action as set forth in the Court’s Order 28 [ECF No. 64]. The Parties hereby aver, under LR IA 6-1(a), that this is the second overall request RUTH LARGAESPADA, by and through their attorneys of record, RICHARD A. HARRIS and JOHNATHAN LEAVITT, of the law firm RICHARD HARRIS LAW FIRM; Defendant/Thirdparty Plaintiff AMAZON.COM, INC. (“Defendant Amazon.com”), by and through its attorneys of record, KAREN L. BASHOR and CHRISTOPHER D. PHIPPS, of the law firm WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP; Defendants VOKHIDZMON ABDUKARIMOV (“Defendant Abdukarimov”) and BXT, INC. (“Defendant BXT”), by and through their attorneys of record, ELIZABETH M. DEANE, of the law firm BREMER WHYTE BROWN & O’MEARA, LLP; and Defendant/Third-party Defendant INKAS, LLC, (“Defendant Inkas”) by and through its attorneys of records M. BRADLEY JOHNSON and GINA MUSHMECHE, of the law firm SCHNITZER JOHNSON & WATSON, CHTD. (collectively, 2 294848958v.1 11 for extended deadlines, and Defendant Oxos’s first overall request for extended deadlines. I. 22 33 • DISCOVERY COMPLETED TO DATE Parties Ornelas Plaintiffs, BXT, and Amazon conducted a Rule 26(f) conference on July 5, 2023. 44 55 • Plaintiffs Ornelas served their initial Rule 26(a)(1) disclosures on July 18, 2022. 66 • Plaintiffs Largaespada served their initial Rule 26(a)(1) disclosures on September 21, 2023. 77 • Defendant Amazon.com served its initial Rule 26(a)(1) disclosures on April 18, 2022. 88 • Defendants Abdukarimov and BXT serve their initial Rule 26(a)(1) disclosures on July 20, 2022. 99 10 10 • Defendant Inkas served its initial Rule 26(a)(1) disclosures on December 5, 2023. 11 11 • Plaintiff Justin Ornelas propounded a full set of written discovery to Defendant 12 12 Abdukarimov (Requests for Admission, Interrogatories, and Requests for Production of 13 13 Documents), for which responses have been provided. 14 14 • Plaintiff Justin Ornelas, Plaintiff J.O. (minor) and Plaintiff Jasmin Ornelas have each 15 15 propounded a full set of written discovery to Amazon (Requests for Admissions, 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 Interrogatories, and Requests for Production), for which responses have been provided. • Defendant Amazon propounded a full set of written discovery to each Plaintiff Justin Ornelas, Plaintiff J.O. (minor), and Plaintiff Jasmin Ornelas (Requests for Admissions, Interrogatories, and Requests for Production), for which responses have been provided. • Plaintiff Irene Largaespada, Plaintiff Gloria Largaespada, Plaintiff Roger Largaespada, and Plaintiff Jose Largaespada have each propounded a full set of written discovery to Amazon (Requests for Admissions, Interrogatories, and Requests for Production), for which responses have been provided. • Defendant Amazon propounded a full set of written discovery to Defendant BXT (Requests for Admission, Interrogatories, and Requests for Production of Documents), for which responses have been provided. 28 3 294848958v.1 11 Defendant Amazon propounded a full set of written discovery to Defendant Inkas (Requests • 22 for Admission, Interrogatories, and Requests for Production of Documents), for which 33 responses have been provided. 44 Defendant Oxos duly served a Demand for Prior Discovery under LR 26-5 on March 12, • 2024. 55 II. 66 DISCOVERY TO BE COMPLETED Discovery to be completed includes: 77 88 • Depositions of the NRCP 30(b)(6) witnesses of Defendants Amazon, Inkas, BXT, and OXOS. 99 10 10 • Depositions of all named Plaintiffs. 11 11 • Depositions of various lay witnesses and other fact witnesses. 12 12 • Depositions of Investigating Officers. 13 13 • Defendant Amazon.com wishes to inspect the vehicles of Plaintiffs Ornelas and Largaespada. 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 28 • Rule 35 Examinations of Plaintiffs based on the future treatment recommendations of their providers. • Disclosure of Initial Experts. • Disclosure of Rebuttal Experts. • Depositions of Plaintiffs’ respective treating physicians and/or retained expert witnesses. • Depositions of Defendants’ retained experts. • Additional written and oral discovery as deemed necessary by the parties as this action proceeds. • Subpoena of All Sets of Medical Records relevant to each respective Plaintiff’s alleged injuries and damages. • Plaintiffs Largaespada will be propounding written discovery. /// /// /// 4 294848958v.1 III. 11 REASON DISCOVERY HAS NOT BEEN COMPLETED 22 This is a complex matter involving multiple lawsuits (including a third action, Rivera v. 33 Oxos, LLC, Case No. A-23-869867-C, filed in the Eighth Judicial District Court in and for Clark 44 County, Nevada), multiple plaintiffs, and multiple defendants. The Parties have been diligently 55 working to complete discovery in this matter. However, additional time is needed. Defendant 66 OXOS was just added into this case late last year and has been in the process of getting up to 77 speed. However, doing so requires additional time due to the complexity of this case, the number 88 of Plaintiffs, and the various damages claims being asserted be each. 99 Furthermore, the Parties are considering global mediation with all nine plaintiffs and all 10 10 four defendants, with the parties likely needed at least one day, if not several days, to address the 11 11 claims of all parties who have an interest in this case. The mediators that the parties have looked 12 12 into are rather booked up such that the earliest they could expect to get into mediation would 13 13 likely be sometime in June 2024. The parties are currently coordinating to identify a mediator and 14 14 dates for mediation prior to July 1, 2024. 15 15 The Parties hereby stipulate to extend the currently controlling discovery deadlines stated 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 in this Court’s Order setting deadlines [ECF No. 64] by 120 days as provided below. The Parties’ 28 work regarding discovery is actively ongoing, and it will continue in diligent fashion. The Parties have acted in good faith to request this extension, and none of them has a reason or intent to delay these proceedings or jury trial in this matter. The purpose of this stipulation to extend deadlines is to allow the recently joined Defendant to get up to speed, to allow the parties to engage in all necessary investigation and discovery prior to trial, and to allow the parties the ability to seek global resolution through mediation with enough time remaining thereafter in the event that global resolution is not possible in this case. /// /// /// /// /// 5 294848958v.1 IV. 11 PRIOR SCHEDULE According to the Court’s Order [ECF No. 64] setting deadlines, the existing deadlines are: 22 33 44 Amend Pleadings / Add Parties: April 22, 2024 55 Initial Expert Disclosures: May 20, 2024 66 Rebuttal Expert Reports: June 20, 2024 77 Close of Discovery: July 19, 2024 88 Dispositive Motions: August 19, 2024 99 Joint Pre-Trial Order: September 18, 2024 10 10 V. 11 11 PROPOSED SCHEDULE 12 12 Private Mediation: July 1, 2024 13 13 Amend Pleadings / Add Parties: August 20, 2024 14 14 Initial Expert Disclosures: September 19, 2024 15 15 Rebuttal Expert Reports: October 18, 2024 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 Close of Discovery: November 16, 2024 Dispositive Motions: December 17, 2024 Joint Pre-Trial Order: January 16, 2025 28 If this extension is granted, all anticipated additional discovery should be concluded within the stipulated extended deadline, though experience suggests the parties may need to seek additional time to finalize discovery, such as remaining expert or fact witness depositions. The Parties aver that this request for extension of discovery deadlines is made by the parties in good faith and not for the purpose of delay. /// /// /// /// 6 294848958v.1 11 Dated this 29th day of March 2024 Dated this ____ day of March 2024 22 RESNICK & LOUIS, P.C. STOLL, NUSSBAUM & POLAKOV /s/ Matthew B. Beckstead RANDALL TINDALL Nevada Bar No. 6522 MATTHEW B. BECKSTEAD Nevada Bar No. 14168 8945 West Russell Road, Suite 330 Las Vegas, Nevada 89148 Attorneys for Defendant, Oxos, LLC Dated this 29th day of March 2024 Wet-ink Signature Attached Below ROBERT J. STOLL, JR. California Bar No. 47173 ROBERT J. STOLL, III California Bar No. 236031 BAGRIEL A. SINISCAL California Bar No. 14761 Los Angeles, California 90025 Attorneys for Plaintiffs, Justin Ornelas, Jasmine Ornelas, and Justin Ornelas as Guardian Ad Litem for Justin Ornelas Dated this 29th day of March 2024 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP BREMER WHYTE BROWN & O’MEARA, LLP /s/ Christopher D. Phipps KAREN L. BASHOR Nevada Bar No. 11913 CHRISTOPHER D. PHIPPS Nevada Bar No. 3788 6689 Las Vegas Boulevard South, Suite 200 Las Vegas, Nevada 89119 Attorneys for Defendant/Third-party Plaintiff, Amazon.com, Inc. /s/ Elizabeth M. Deane ELIZABETH M. DEANE Nevada Bar No. 13600 1160 N. Town Center Drive, Suite 250 Las Vegas, Nevada 89144 Attorneys for Defendants, Vokhidzmon Abdukarimov and BXT, Inc. 33 44 55 66 77 88 99 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 28 /// /// /// /// /// /// /// /// /// /// 7 294848958v.1 day of March 2024 1 Dated this 2 RESNICK & LOUIS,P.C. Dated this day of March 2024 STOLL,NUSSBAUM & POLAKOV 3 4 5 6 /s/ RANDALL TINDALL ROBERT J. STOLL,JR. Nevada Bar No. 6522 California Bar No. 47173 MATTHEW B. BECKSTEAD ROBERT J. STOLL, III Nevada Bar No. 14168 California Bar No. 236031 BAGRIEL A. SINISCAL 7 8945 West Russell Road, Suite 330 Las Vegas, Nevada 89148 Attorneysfor Defendant, 8 Oxos, LLC California Bar No. 14761 Los Angeles, California 90025 Attorneysfor Plaintiffs, Justin Ornelas, Jasmine Ornelas, and Justin Ornelas as Guardian Ad Litem for 9 Justin Ornelas 10 Dated this day of March 2024 Dated this day of March 2024 11 12 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER,LLP O'MEARA,LLP /s/ /s/ KAREN L. BASHOR ELIZABETH M. DEANE Nevada Bar No. 11913 Nevada Bar No. 13600 CHRISTOPHER D. PHIPPS 1160 N. Town Center Drive, Suite 250 Las Vegas, Nevada 89144 Attorneysfor Defendants, BREMER WHYTE BROWN & 13 14 15 16 17 18 Nevada Bar No. 3788 6689 Las Vegas Boulevard South, Suite 200 Las Vegas, Nevada 89119 torneys for Defendant/Third-party aintiff Amazon.com, Inc. 19 20 21 22 23 24 25 26 27 28 294848958V.1 Vokhidzmon Abdukarimov and BXT,Inc. 11 Dated this 29th day of March 2024 Dated this 29th day of March 2024 22 RICHARD HARRIS LAW FIRM SCHNITZER WATSON JOHNSON, CHTD. /s/ Johnathan M. Leavitt RICHARD A. HARRIS Nevada Bar No. 505 JOHNATHAN M. LEAVITT Nevada Bar No. 13172 801 South Fourth Street Las Vegas, Nevada 89101 Attorneys for Plaintiffs, Roger Largaespada, Jose Orlando Largaespada, Irene Largaespada, and Gloria Ruth Largaespada /s/ Gina M. Mushmeche M. BRADLEY JOHNSON Nevada Bar No. 4646 GINA M. MUSHMECHE Nevada Bar No. 10411 8985 South Eastern Avenue, Suite 200 Las Vegas, Nevada 89123 Attorneys for Defendant/Third-party Defendant, Inkas, LLC 33 44 55 66 77 88 99 & 10 10 11 11 IT IS SO ORDERED. 12 12 UNITED STATES MAGISTRATE JUDGE 13 13 14 14 4/2/2024 DATED: 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 28 8 294848958v.1
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