Siete v. Lowe's Home Centers LLC et al, No. 2:2022cv00445 - Document 27 (D. Nev. 2024)

Court Description: ORDER granting 26 Stipulation TO STAY PROCEEDINGS PENDING OUTCOME OF SCHEDULED MEDIATION. Discovery due by 7/5/2024. Motions due by 8/5/2024. Proposed Joint Pretrial Order due by 9/4/2024. Signed by Judge James C. Mahan on 1/12/2024. (Copies have been distributed pursuant to the NEF - CAH)

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Siete v. Lowe's Home Centers LLC et al Doc. 27 1 MARC S. CWIK Nevada Bar No. 006946 2 Marc.Cwik@lewisbrisbois.com LEWIS BRISBOIS BISGAARD & SMITH LLP 3 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 4 Telephone: 702.893.3383 Facsimile: 702.893.3789 5 Attorneys for Defendant 6 Lowe’s Home Centers, LLC 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 *** 10 DENNIS SIETE, an individual, CASE NO. 2:22-cv-00445-JCM-MDC 11 Plaintiff, 12 vs. 13 LOWE’S HOME CENTERS, LLC, a foreign 14 limited-liability company; DOE INDIVIDUALS I-X, inclusive; and ROE 15 CORPORATION I-X inclusive, STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDINGS PENDING OUTCOME OF SCHEDULED MEDIATION Defendant. 16 17 18 Pursuant to LR 7-1 and LR IA 6-2, the parties, by and through their respective counsel of 19 record, hereby enter into the following stipulation to stay proceedings pending the outcome of 20 mediation scheduled by the parties, which also provides this Court with an update concerning the 21 status of this matter to demonstrate the Parties’ good faith efforts in completing discovery and 22 23 agreeing to attempt alternative dispute resolution. RECITALS 24 25 1. Plaintiff Dennis Siete (“Plaintiff”) filed his Complaint in the Clark County District 26 Court, State of Nevada, on February 3, 2022. LEWIS 27 2. Lowe’s filed its Answer to Plaintiff’s Complaint on March 1, 2022. 28 3. On March 10, 2022, Defendant Lowe’s Home Centers, LLC (“Lowe’s”) timely filed BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 133849639.1 Dockets.Justia.com 1 a Notice of Removal to this Court [ECF No. 1]. 2 4. On April 8, 2022, the Parties filed a Joint Status Report Regarding Removal [ECF 5. On April 15, 2022, the Parties, through their respective counsel of record, attended 3 No. 6]. 4 5 the Early Case Conference. 6 6. On April 28, 2022, Plaintiff served his Initial Disclosure Statement (pursuant to 7 FRCP 26(a)(1)). 8 9 7. On May 6, 2022, by agreement of the parties, Lowe’s served its Initial Disclosures Pursuant to FRCP 26(a)(1). 10 11 12 13 14 15 8. On May 6, 2022, the Parties submitted their Proposed Joint Discovery Plan and Scheduling Order [ECF No. 7]. 9. On May 10, 2022, Plaintiff served his First Supplemental Disclosure Statement (pursuant to FRCP 26(a)(1)). 7. On May 10, 2022, this Court entered as an Order the Parties’ Joint Discovery Plan 16 and Scheduling Order [ECF No. 8]. 17 8. On July 1, 2022, Plaintiff served his Second Supplemental Disclosure Statement 18 (pursuant to FRCP 26(a)(1)). 19 9. On August 4, 2022, Plaintiff served his Third Supplemental Disclosure Statement 20 (pursuant to FRCP 26(a)(1)). 21 10. On August 22, 2022, Plaintiff served his Fourth Supplemental Disclosure Statement 22 (pursuant to FRCP 26(a)(1)). 23 11. On August 30, 2022, this Court entered the Parties’ Agreed Order of Protection [ECF 24 No. 10]. 25 12. The Parties each have served and received responses to written discovery. 26 13. On October 13, 2022, the Parties submitted their [proposed] Stipulation and Order to 27 Extend Discovery Plan and Scheduling Order (First Request) [ECF No. 12] which was signed by LEWIS 28 the Magistrate on October 14, 2022 [ECF No. 13]. BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 133849639.1 2 1 14. On November 22, 2022, Lowe’s served its First Supplement to FRCP 26 Disclosures. 2 15. On December 21, 2022, Plaintiff served his Fifth Supplemental Disclosure Statement 3 (pursuant to FRCP 26(a)(1)). 4 16. On January 26, 2023, Lowe’s served its Second Supplement to FRCP 16.1 5 Disclosures (pursuant to FRCP 26(a)(1)). 6 17. On February 7, 2023, Lowe’s served its Third Supplement to FRCP 16.1 Disclosures 7 (pursuant to FRCP 26(a)(1)). 8 18. On February 8, 2023, the Parties submitted their [proposed] Stipulation and Order 9 to Extend Discovery Plan and Scheduling Order (Second Request) [ECF No. 14] which was signed 10 by the Magistrate on February 9, 2023 [ECF No. 14]. 11 19. On February 8, 2023, Plaintiff served his Sixth Supplemental Disclosure Statement 12 (pursuant to FRCP 26(a)(1)). 13 20. On February 8, 2023, Plaintiff served his Designation of Expert Witnesses (pursuant 14 to FRCP 26(a)(1)). 15 21. On April 19, 2023, Plaintiff served his Eighth Supplemental Disclosure Statement 16 (pursuant to FRCP 26(a)(1)). 17 22. On May 12, 2023, the Parties submitted their [proposed] Stipulation and Order to 18 Extend Discovery Plan and Scheduling Order (Third Request) [ECF No. 17] which was signed by 19 the Magistrate on May 15, 2023 [ECF No. 18]. 20 23. On May 23, 2023, Plaintiff served his Ninth Supplement to Rule 26 Disclosures. 21 24. On July 7, 2023, the Parties submitted their proposed Stipulation and Order to 22 conduct a Rule 35 Examination of the Plaintiff [ECF No. 19] which was signed by the Magistrate 23 on July 11. 2023 [ECF No. 20]. 24 25. On July 24, 2023, Dr. Clive Segil performed the Rule 35 Examination of Plaintiff in 25 Las Vegas, Nevada and on August 23, 2023, Lowe’s produced the Report of the Rule 35 26 Examination of the Plaintiff. 27 LEWIS 26. On July 26, 2023, Plaintiffs served their Tenth Supplemental Disclosures pursuant 28 to FRCP 26(a)(1). BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 133849639.1 3 27. 1 On August 1, 2023, Lowe’s served their Fourth Supplemental Disclosures pursuant 2 to FRCP 26(a)(1). 28. 3 On August 23, 2023, Lowe’s served their Fifth Supplemental Disclosures containing 4 the additional medical records pursuant to FRCP 26(a)(1) and report from the Rule 35 Examination 5 performed by Dr. Clive Segil pursuant to Stipulation and Order signed by this Court. ECR No. 20. 29. 6 On August 23, 2023, Lowe’s served their Initial Designation of Expert Witness 7 pursuant to FRCP 26(a)(2). 30. 8 Plaintiff noticed the depositions of Lowes present and former employees but has 9 continued them due to witness availability. 30. 10 On November 7, 2023, Lowe’s served its Sixth Supplement to FRCP 16.1 11 Disclosures (pursuant to FRCP 26(a)(1)). 12 31. On November 21, 2023 Lowe’s took the deposition of Plaintiff, Dennis Siete. 13 32. On December 21, 2023, the Parties reached an agreement to schedule a mediation 14 conference in this matter with Floyd Hale, Esq. at JAMS in Las Vegas, Nevada. Floyd Hale, Esq.’s 15 soonest availability workable for the Parties’ respective counsel in this matter is January 30, 2024. 33. 16 A mediation conference has now been scheduled by the Parties at JAMS on January 17 30, 2024 beginning at 9:00 a.m. 34. 18 The current Initial Expert Disclosures are due on February 6, 2024, the Rebuttal Expert 19 Disclosures are due on March 8, 2024, discovery cut-off deadline in this matter is April 5, 2024; the 20 dispositive motion deadline is currently May 7, 2024; and the Joint Proposed Pretrial Order is 21 currently due June 6, 2024. 35. 22 In the interests of judicial economy and to allay ongoing litigation expenses and costs, 23 the Parties are desirous of staying further litigation in this case pending the outcome of the scheduled 24 mediation conference. 25 / / / 26 / / / 27 / / / LEWIS 28 / / / BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 133849639.1 4 STIPULATIONS 1 2 Based upon the above recitals and summary of the case status, and good cause existing, the 3 Parties hereby enter into the following Stipulations: 4 1. In the interests of judicial economy, to allay litigation expenses and costs, and to 5 allow the Parties to focus their efforts on the mediation currently scheduled for 6 January 30, 2024, the Parties stipulate to have a Stay of Proceedings entered by this 7 Court. 8 2. 9 Within one (1) week after the conclusion of the mediation, the Parties stipulate to file a Status Report advising the Court of the outcome of same, in accordance with the 10 following terms: 11 a. If the case settles at the mediation conference, the Joint Status Report will 12 advise the court of the anticipated time in which they expect to have dismissal 13 paperwork submitted to the Court. 14 b. If the case does not settle at the mediation conference, the Joint Status Report 15 shall request the Court to order the remaining discovery deadlines, dispositive 16 motion deadline, and pre-trial order deadline, to the following dates: 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 133849639.1 5 1 EVENT CURRENT DEADLINE (ECF No. 37) PROPOSED NEW DATES (extended 90 days) (no change) (no change) February 6, 2024 May 6, 2024 Disclosures March 8, 2024 June 6, 2024 Close of Discovery April 5, 2024 July 5, 2024 Dispositive Motions May 7, 2024 August 5, 2024 Pre-Trial Order June 6, 2024 September 4, 2024 2 3 Amend Pleadings/Add 4 Parties 5 Initial Expert 6 Disclosures 7 Rebuttal Expert 8 9 10 11 12 DATED this 10th day of January, 2024. DATED this 10th day of January, 2024. LEWIS BRISBOIS BISGAARD & SMITH THE PAUL POWELL LAW FIRM 18 /s/ Marc S. Cwik Marc S. Cwik, Esq. Nevada Bar No. 006946 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 /s/ Traysen N. Turner Traysen Turner, Esq. THE PAUL POWELL LAW FIRM 8918 Spanish Ridge Ave., Suite 100. Las Vegas, Nevada 89148 19 Attorneys for Defendant Attorneys for Plaintiff 13 14 15 16 17 20 21 22 23 ORDER IT IS SO ORDERED. 24 ________________________________________ UNITED STATES DISTRICT JUDGE 25 26 January 12, 2023 DATED: ___________ 27 LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 133849639.1 6 CERTIFICATE OF SERVICE 1 2 Pursuant to Fed. R. Civ. P. 5(b), I hereby certify that I am an employee of LEWIS BRISBOIS 3 BISGAARD & SMITH LLP and that on this 10th day of January, 2024, I did cause a true and correct 4 copy of the foregoing STIPULATION AND [PROPOSED] ORDER TO STAY 5 PROCEEDINGS PENDING OUTCOME OF SCHEDULED MEDIATION to be served via the 6 CM/ECF filing system or mail to the following. 7 8 9 10 11 12 13 14 15 16 Paul D. Powell, Esq. Ryan T. O'Malley, Esq. Tom W. Stewart, Esq. Jared D. Powell, Esq. Traysen N. Turner, Esq. The Powell Law Firm 8918 Spanish Ridge Avenue, Suite 100 Las Vegas, Nevada 89148 paul@tplf.com romalley@tplf.com tstewart@tplf.com jared@tplf.com tturner@tplf.com Phone: 702.728.5500 Facsimile: 702.728.5501 17 18 Attorneys for Plaintiff 19 20 21 22 23 /s/ Adrina Harris An Employee of LEWIS BRISBOIS BISGAARD & SMITH LLP 24 25 26 27 LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 133849639.1 7

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