Blanch v. Albertson's LLC et al, No. 2:2022cv00599 - Document 15 (D. Nev. 2022)

Court Description: ORDER Granting 14 Stipulation to Extend Discovery Deadlines. Discovery due by 1/22/2023. Motions due by 2/21/2023. Signed by Magistrate Judge Nancy J. Koppe on 8/23/2022. (Copies have been distributed pursuant to the NEF - LOE)

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Blanch v. Albertson's LLC et al Doc. 15 Case 2:22-cv-00599-JCM-NJK Document 15 Filed 08/23/22 Page 1 of 6 1 2 3 4 5 6 7 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS, CARRANZA & BURDEN 8 Jack P. Burden, Esq. Nevada State Bar No. 6918 Jacquelyn Franco, Esq. Nevada State Bar No. 13484 BACKUS, CARRANZA & BURDEN 3050 South Durango Drive Las Vegas, NV 89117 (702) 872-5555 (702) 872-5545 jburden@backuslaw.com Attorneys for Defendants, Albertson’s LLC and Albertson’s Companies, Inc. 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 JAMES BLANCH, individually, 12 13 14 15 16 17 Plaintiff, vs. ALBERTSON’S LLC, A Foreign LimitedLiability Company; ALBERTSON’S COMPANIES, INC., a Foreign Corporation; DOE EMPLOYEE; DOE DEFENDANT 1-10, inclusive; ROE CORPORATION 110,inclusive, 18 Defendants. 19 ) ) Case No. 2:22−cv−00599−JCM−NJK ) ) Stipulation and Order to Extend ) Discovery ) ) (Second Request) ) ) ) ) ) ) ) 20 In accordance with Local Rules of Practice for the United States District Court for the 21 District of Nevada (“LR”) 26-4, Defendants ALBERTSON’S LLC and ALBERTSON’S 22 COMPANIES, INC (“Defendants”), by and through its counsel of record, the law firm of 23 BACKUS, CARRANZA & BURDEN, and Plaintiff JAMES BLANCH (“Plaintiff”), by and through his 24 counsel of record, RICHARD HARRIS LAW FIRM, hereby stipulate and agree to an extension of all 25 remaining discovery deadlines by sixty (60) days. The parties propose the following revised 26 27 28 discovery plan (new information is in bold italics): .... Dockets.Justia.com Case 2:22-cv-00599-JCM-NJK Document 15 Filed 08/23/22 Page 2 of 6 CASE NO.: 2:22-cv-00599-JCM-NJK Blanch v. Albertsons LLC Stipulation and Order to Extend (Second Request) 1 2 3 4 5 Pursuant to Local Rule 26-3, it is respectfully submitted the Parties’ failure to request the instant extension of discovery twenty-one (21) days prior to the deadline for discovery cut-off was 6 the result of excusable neglect. Specifically noting the failure to request the extension of was a 7 mere oversight by the Parties. Bateman v. U.S. Postal Service, 231 F.3d 1220 (9th Cir. 2000). 8 Further: 1) there is no danger of prejudice as the extension is stipulated by the Parties; 2) a sixty 9 10 (60) day extension will not impact a trial date because the same has not been scheduled; 3) the Parties, their respective Counsel, and witnesses have been limited in appearing for deposition due 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS, CARRANZA & BURDEN 11 12 13 14 to the Covid-19 pandemic and holiday season; and 4) the requested extension is made in good faith by both Parties. Pioneer Investment Services v. Brunswick Associate’s, Ltd., 507 U.S. 380, 395 (1993). 15 I. 16 DISCOVERY COMPLETED TO DATE 17 18 1. A Joint Discovery Plan and Scheduling Order (EFC No. 9) was filed on May 16, 2022; 2. Plaintiff served her Initial Disclosure Pursuant to FRCP 26 on May 5, 2022, with two 19 20 21 22 23 24 25 26 supplements thereto; 3. Defendants served its Initial Disclosure Pursuant to FRCP 26 on May 20, 2022, with two supplements thereto; 4. Plaintiff served her First Sets of Requests for Production, Interrogatories, and Requests for Admission to Defendant on June 2, 2022; 5. Defendants responded to Plaintiff’s First Set of Requests for Production, Interrogatories, and Requests for Admission; 27 28 6. Defendants served their First Set of Requests for Production and Interrogatories to Plaintiff on July 21, 2022; 2 Case 2:22-cv-00599-JCM-NJK Document 15 Filed 08/23/22 Page 3 of 6 CASE NO.: 2:22-cv-00599-JCM-NJK Blanch v. Albertsons LLC Stipulation and Order to Extend (Second Request) 1 2 3 4 5 6 7 8 9 7. Plaintiff responses to Defendants’ First Set of Requests for Production and Interrogatories; 8. Plaintiff Disclosed her Designation of Initial Expert Witnesses on August 5, 2022; and 9. Plaintiff took a Notice of Non-Appearance of former security guard Stephen Carr on August 17, 2022.10. 10 II. 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS, CARRANZA & BURDEN 11 12 DISCOVERY TO BE COMPLETED AND REASONS FOR EXTENSION OF DISCOVERY 13 14 Discovery to be completed includes: 15 1. Deposition of Plaintiff 16 17 18 a. Scheduled for September 1, 2022 2. Rule 35 Examination of Plaintiff a. Scheduled with Dr. Reynold Rimoldi for September 19, 2022 19 20 21 22 23 24 25 26 3. Deposition of Defendants’ former Third Key Manager Richard Botto a. Scheduled for October 19, 2022 4. Deposition of Defendants’ Courtesy Clerk Daniel Munoz-Becerra a. Scheduled for October 19, 2022 5. Re-Notice and/or file a Motion to Compel the deposition of former security guard Stephen Carr 6. Depositions of Plaintiff’s treating medical providers 27 28 7. Deposition of Defendants’ FRCP 30(b)(6) representative(s) 8. Depositions of initial and rebuttal expert witnesses 3 Case 2:22-cv-00599-JCM-NJK Document 15 Filed 08/23/22 Page 4 of 6 CASE NO.: 2:22-cv-00599-JCM-NJK Blanch v. Albertsons LLC Stipulation and Order to Extend (Second Request) 1 2 3 4 5 6 9. Additional written discovery and depositions as the Parties deem necessary. The Parties aver, pursuant to Local Rule 6-1, that good cause exists for the requested extension. 7 III. 8 REASONS WHY DISCOVERY WAS NOT COMPLETED 9 10 WITHIN TIME SET BY DISCOVERY PLAN The parties are not asking for this extension to delay these proceedings. Instead, the parties 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS, CARRANZA & BURDEN 11 12 13 request this extension so they may complete the necessary discovery to fully litigate all claims and defenses in this matter. As it stands right now, the expert disclosure deadlines is July 25, 2022 August 14 24, 2022. Plaintiff has retained Dr. Will Muir, MD and his retained expert. Dr. William Muir is in 15 Europe and out of the country until July 17, 2022 and has indicated that he will be unable to review 16 Plaintiff’s medical records and author a report by July 25, 0222. Furthermore, Plaintiff just recently 17 18 completed treating for the injuries he sustained as a result of this incident and his counsel is diligently working to obtain a complete set of medical records to provide Dr. William Muir, MD and defense 19 20 21 counsel. Additionally, as Plaintiff is a candidate for repeat injection therapy in his neck and lower back, Defendant wishes for him to under an evaluation with their own expert. However, it has been 22 difficult to schedule said examination during the summertime and numerous experts are on vacation 23 and unbailable to conduct said exam. The first date and time that Dr. Rimoldi had available, which 24 worked with Plaintiff’s schedule, was September 19, 2022. The parties have working to schedule 25 26 deposition of numerous individual including the plaintiff (scheduled September 1, 2022), his wife, the store manager (scheduled October 19, 2022), the store security officer (scheduled August 17, 27 28 2022 but the deponent did not appear), and other percipient witnesses (Courtesy Clerk Daniel 4 Case 2:22-cv-00599-JCM-NJK Document 15 Filed 08/23/22 Page 5 of 6 CASE NO.: 2:22-cv-00599-JCM-NJK Blanch v. Albertsons LLC Stipulation and Order to Extend (Second Request) 1 2 3 4 5 Munoz Becerra is scheduled for October 19, 2022) but have been having difficulty arranging the same due to the vacation schedule of counsel and several witnesses. The parties have entered into this agreement in good faith and not for purposes of delay. 6 7 IV. 8 DISCOVERY DEADLINES 9 10 Discovery cutoff: November 22, 2022 Amending the pleadings or adding parties: Closed Expert disclosures: August 24, 2022 Rebuttal expert disclosures: September 23, 2022 Dispositive motions: December 22, 2022 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS, CARRANZA & BURDEN 11 12 13 14 15 VII. 16 [PROPOSED] NEW DISCOVERY DEADLINES 17 Discovery cutoff: January 22, 2023 Amending the pleadings or adding parties: Closed Expert disclosures: October 24, 2022 Rebuttal expert disclosures November 22, 2022 22 Dispositive motions: February 21, 2023 23 The Parties aver that this request for extension of discovery deadlines is made by the 18 19 20 21 24 25 .... 26 .... 27 .... 28 .... 5 Case 2:22-cv-00599-JCM-NJK Document 15 Filed 08/23/22 Page 6 of 6 CASE NO.: 2:22-cv-00599-JCM-NJK Blanch v. Albertsons LLC Stipulation and Order to Extend (Second Request) 1 2 3 4 5 6 Parties in good faith and not for the purpose of delay. DATED this __22nd__ day of August 2022. DATED this ___22nd__ day of August 2022. RICHARD HARRIS LAW FIRM BACKUS, CARRANZA & BURDEN. /s/ Samantha Martin___________ BENAJMIN P. CLOWARD, ESQ. Nevada Bar No. 11087 SAMANTHA A. MARTIN, ESQ Nevada Bar No. 12998 801 S. 4th Street Las Vegas, Nevada 89101 Attorney for Plaintiff /s/ Jacquelyn Franco________________ JACK P. BURDEN, ESQ. Nevada Bar No. 6918 JACQUELYN FRANCO, ESQ. Nevada Bar No. 13484 3050 South Durango Drive Las Vegas, Nevada 89117 Attorneys for Defendants 7 8 9 10 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS, CARRANZA & BURDEN 11 12 13 14 15 16 17 18 19 IT IS SO ORDERED. _____________________________________ UNITED STATES MAGISTRATE JUDGE 20 21 August 23, 2022 DATED: ______________________________ 22 23 24 25 26 27 28 6

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