Warren et al v. Clark County School District et al, No. 2:2022cv01758 - Document 49 (D. Nev. 2023)
Court Description: ORDER Granting 48 Stipulation to Modify Scheduling Order. Discovery due by 2/20/2024. Motions due by 3/22/2024. Proposed Joint Pretrial Order due by 4/18/2024. Signed by Magistrate Judge Cam Ferenbach on 8/1/2023. (Copies have been distributed pursuant to the NEF - AMMi)
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Warren et al v. Clark County School District et al Doc. 49 Case 2:22-cv-01758-APG-VCF Document 49 Filed 08/01/23 Page 1 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RAHUL RAVIPUDI, ESQ., (NV Bar No. 14750) rravipudi@psbr.law IAN SAMSON, ESQ., (NV Bar No. 15089) isamson@psbr.law ADAM ELLIS, ESQ., (NV Bar No. 14514) aellis@psbr.law PANISH|SHEA|BOYLE|RAVIPUDI LLP 300 South Fourth Street, Suite 710 Las Vegas, NV 89101 P: (702) 560-5520 F: (702) 975-2515 KHALDOUN A. BAGHDADI. ESQ. (CA Bar No. 190111) kbaghdadi@walkuplawoffice.com VALERIE N. ROSE, ESQ, (CA Bar No. 272566) vrose@walkuplawoffice.com KATHERINE CONNOLLY, ESQ. (CA Bar No. 343524) kconnolly@walkuplawoffice.com WALKUP, MELODIA, KELLY & SCHOENBERGER 650 California Street, 26th Floor San Francisco, CA 94108-2615 P: (415) 981-7210 F: (415) 391-6965 Admitted Pro Hac Vice 15 16 17 IN THE UNITED STATES DISTRICT COURT 18 FOR THE DISTRICT OF NEVADA 19 20 21 E.A., by and through his Guardian ad Litem, CHRYSTAL WARREN, D.J., by and through his Guardian ad Litem, IRENE JOW; G.L., by and through his Guardian ad Litem, GRACE LACUESTA, 22 23 24 25 26 27 28 Plaintiffs, CASE NO. 2:22-cv-01758-APG-VCF STIPULATION AND [PROPOSED] ORDER TO MODIFY SCHEDULING ORDER [SECOND REQUEST] v. CLARK COUNTY SCHOOL DISTRICT, JONATHAN CRONIN, JOHN ANZALONE, MARBELLA ALFONZO, DOES 150, Defendants. 1 Stipulation And [Proposed] Order To Modify Scheduling Order Case No 2:22-Cv-01758-APG-VCF Dockets.Justia.com Case 2:22-cv-01758-APG-VCF Document 49 Filed 08/01/23 Page 2 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties, through their undersigned counsel, hereby stipulate as follows: 1. STATEMENT OF DISCOVERY COMPLETED At the Court’s direction, the parties submitted their stipulated discovery plan and scheduling order (Dkt. No. 36) and the Court entered its scheduling order on December 22, 2022 (Dkt. No. 37). On April 26, 2023, the Court granted the Parties’ First Request to modify the scheduling order (Dkt. No. 43). The parties have completed the following discovery to date: 1. On January 31, 2023, Defendants Clark County School District, John Anzalone, and Marbella Alfonzo (the “CCSD Defendants”) served their initial disclosures. 2. On January 31, 2023, Plaintiffs served their initial disclosures. 3. On March 31, 2023, Plaintiff E.A. served Interrogatories and Requests for Production of Documents, Set One to Defendant Clark County School District. 4. On April 6, 2023, the CCSD Defendants served their first supplemental disclosures. 5. On April 14, 2023, Defendant Clark County School District served Interrogatories and Requests for Production of Documents, Set One, upon Plaintiffs E.A., G.L., and D.J. 6. On April 14, 2023, Plaintiffs noticed the depositions of Defendants Marbella Alfonzo and John Anzalone as well as non-parties Tiffany Cunningham, Crystal Collins, Carlos Morales, Antoinette Yacek, Matthew Caldwell, and Angalete Dye. 7. On April 18, 2023, the CCSD Defendants noticed the depositions of Plaintiffs E.A., D.J. and G.L., and of their guardian ad litems, Chrystal Warren, Irene Jow and Grace Lacuesta. 8. On May 22, 2023, the CCSD Defendants served their second supplemental disclosures. 9. On June 28, 2023, the CCSD Defendants served amended notices of the depositions of Plaintiffs E.A., D.J. and G.L., and their guardian ad litems, Chrystal Warren, Irene Jow and Grace Lacuesta. 10. On July 12, 2023, Plaintiffs served their second supplemental disclosures. 11. On July 19, 2023, Plaintiff E.A. served Requests for Production of Documents, Set Two to Defendant Clark County School District and amended deposition notices as to Defendants 2 Stipulation And [Proposed] Order To Modify Scheduling Order Case No 2:22-Cv-01758 Case 2:22-cv-01758-APG-VCF Document 49 Filed 08/01/23 Page 3 of 6 1 Marbella Alfonzo and John Anzalone, as well as non-parties Tiffany Cunningham, Crystal Collins, 2 Carlos Morales, Antoinette Yacek, Matthew Caldwell, and Angalete Dye. Plaintiffs also noticed the 3 depositions of non-party Kyle Roberts and Clark County School District’s 30(b)6 witness. 4 12. On July 26, 2023, the CCSD Defendants served their third supplemental disclosures. 5 13. On July 27, 2023, the CCSD Defendants served notices of issuance of subpoenas for 6 production of records and testimony of non-parties Adam Ugaitafa, Jerry Jow and Larry Adams. The 7 CCSD Defendants also served amended deposition notices as to each of the respective Plaintiffs’ 8 guardian ad litems, Grace Lacuesta, Chrystal Warren and Irene Jow. 9 2. The following discovery remains to be completed: 10 1. The parties are meeting and conferring regarding their respective responses to initial 11 12 Interrogatories and Requests for Production of Documents; 2. CCSD Defendants to respond to E.A.’s Requests for Production of Documents, Set 13 14 STATEMENT OF DISCOVERY THAT REMAINS TO BE COMPLETED Two; 15 3. Completion of all currently noticed individual depositions; 16 4. Additional depositions and written discovery, if needed based on information or 17 evidence gathered through the outstanding discovery and pending depositions; 18 5. Disclosure of Experts, Expert Reports; and 19 6. Expert Discovery and Depositions. 20 3. REASONS WHY DISCOVERY WILL NOT BE COMPLETED BY THE CURRENT DISCOVERY CUTOFF 21 Under the current deadlines, lay discovery closes on August 21, 2023. However, the parties 22 are currently in the process of meeting and conferring regarding their respective responses to initial 23 Interrogatories and Requests for Production of Documents, and CCSD’s responses to E.A.’s Requests 24 for Production of Documents, Set Two is due August 18, 2023. In addition, Plaintiffs’ motion to 25 compel ESI evidence is currently pending. Defendant CCSD filed its response on July 26, 2023 and 26 Plaintiffs’ Reply is due August 2, 2023. There is also a significant amount of documentary evidence 27 that is not ESI that is in dispute. On June 9, 2023, CCSD sent a meet and confer letter to Plaintiffs 28 3 Stipulation And [Proposed] Order To Modify Scheduling Order Case No 2:22-Cv-01758 Case 2:22-cv-01758-APG-VCF Document 49 Filed 08/01/23 Page 4 of 6 1 regarding Plaintiffs’ responses to various written discovery requests propounded by CCSD. On July 2 17, 2023, Plaintiffs sent a meet and confer letter to CCSD regarding CCSD’s responses to E.A.’s, 3 Requests for Production of Documents (Set One) and Interrogatories (Set One). If the parties cannot 4 resolve the issues outlined in CCSD’s June 9th and Plaintiffs’ July 17th meet and confer letter, the 5 parties will need to file motions to compel. Further, as noted above, there are currently nineteen (19) 6 individual depositions noticed of which nine (9) are parties and/or their guardians. The parties are 7 meeting and conferring regarding the scope of the minor Plaintiffs’ depositions, which could 8 potentially result in further motion practice. In light of the outstanding discovery requests, the number 9 of depositions, the factual allegations raised, and the claims presented, it is unlikely the depositions 10 will conclude prior to the currently operative discovery cutoff date. Moreover, even if depositions 11 were complete prior to August 21, 2023, the parties would have insufficient time to propound 12 additional written discovery or to notice any additional witnesses should the same become necessary. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. PROPOSED SCHEDULE The parties hereby stipulate and agree that the deadlines to complete discovery as set forth in the Scheduling Order (Dkt. No. 43) shall be extended ninety (90) days as follows: 1. Lay Discovery Period: The deadline to complete lay discovery shall be extended from August 21, 2023 to Monday November 20, 2023. 2. Initial Expert Disclosure: The deadline to file initial expert reports shall be extended from September 18, 2023 to December 18, 2023. 3. Rebuttal Expert Disclosure: The deadline to file rebuttal expert reports shall be extended from October 18, 2023 to January 16, 2024. 4. Expert Discovery Period: The deadline to complete expert discovery shall be extended from November 20, 2023 to February 20, 2024. 5. Dispositive Motions: The deadline to file dispositive motions shall be extended from December 20, 2023 to March 19, 2024. 6. Pretrial Order: If no dispositive motions are filed, the Joint Pretrial Order shall be filed thirty (30) days after the date set for the filing of dispositive motions. Therefore, the joint pretrial 4 Stipulation And [Proposed] Order To Modify Scheduling Order Case No 2:22-Cv-01758 Case 2:22-cv-01758-APG-VCF Document 49 Filed 08/01/23 Page 5 of 6 1 order shall be extended from January 19, 2024 to April 18, 2024. In the event dispositive motions 2 are filed, the date for filing the Joint Pretrial Order shall be suspended until thirty (30) days after the 3 decision on the dispositive motions or by further order of the court. 4 This stipulation and order is sought in good faith and not for the purpose of delay. This is the 5 second request for a scheduling extension. 6 IT IS SO STIPULATED. 7 DATED this 31st day of July 2023. DATED this 31st day of July 2023. GREENBERG TRAURIG, LLP WALKUP, MELODIA, KELLY & SCHOENBERGER, LLP 8 9 10 11 12 13 14 15 16 By: /s/ Whitney Welch-Kirmse MARK F. FERRARIO Nevada Bar No. 01625 KARA B. HENDRICKS Nevada Bar No. 07743 WHITNEY L. WELCH-KIRMSE Nevada Bar No. 12129 10845 Griffith Peak Drive, Suite 600 Las Vegas, Nevada 89135 Counsel for Defendants, Clark County School District, John Anzalone and Marbella Alfonzo By: /s/ Katherine Connolly KHALDOUN A. BAGHDADI CA Bar No. 190111 VALERIE ROSE CA Bar No. 272566 KATHERINE S. CONNOLLY CA Bar No. 343524 650 California Street, 26th Floor San Francisco, California 94108-2615 Admitted Pro Hac Vice Counsel for Plaintiffs 21 PANISH SHEA & BOYLE, LLP RAHUL RAVIPUDI Nevada Bar No. 14750 IAN SAMSON Nevada Bar No. 15089 ADAM ELLIS Nevada Bar No. 14514 8816 Spanish Ridge Avenue Las Vegas, Nevada 89148 22 Co-Counsel for Plaintiffs 17 18 19 20 23 24 25 26 27 28 5 Stipulation And [Proposed] Order To Modify Scheduling Order Case No 2:22-Cv-01758 Case 2:22-cv-01758-APG-VCF Document 49 Filed 08/01/23 Page 6 of 6 ORDER 1 2 In consideration of the stipulation by the parties, and with good cause appearing, 3 1. 4 5 6 7 8 9 10 11 12 13 Lay Discovery Period: The deadline to complete lay discovery shall be extended from August 21, 2023 to Monday November 20, 2023. 2. Initial Expert Disclosure: The deadline to file initial expert reports shall be extended from September 18, 2023 to December 18, 2023. 3. Rebuttal Expert Disclosure: The deadline to file rebuttal expert reports shall be extended from October 18, 2023 to January 16, 2024. 4. Expert Discovery Period: The deadline to complete expert discovery shall be extended from November 20, 2023 to February 20, 2024. 5. Dispositive Motions: The deadline to file dispositive motions shall be extended from December 20, 2023 to March 22, 2024. 6. Pretrial Order: If no dispositive motions are filed, the Joint Pretrial Order shall be 14 filed thirty (30) days after the date set for the filing of dispositive motions. Therefore, the joint pretrial 15 order shall be extended from January 19, 2024 to April 18, 2024. In the event dispositive motions 16 are filed, the date for filing the Joint Pretrial Order shall be suspended until thirty (30) days after the 17 decision on the dispositive motions or by further order of the court. 18 IT IS SO ORDERED. 19 20 21 UNITED STATES MAGISTRATE JUDGE DATED this 1st day of August, 2023. 22 23 24 25 26 27 28 6 Stipulation And [Proposed] Order To Modify Scheduling Order Case No 2:22-Cv-01758
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