CT Belt-Wright v. Lyft, Inc. et al, No. 2:2023cv00400 - Document 53 (D. Nev. 2024)

Court Description: ORDER granting 52 Stipulation TO EXTEND DISCOVERY DEADLINES [SECOND REQUEST]. Discovery due by 9/9/2024. Motions due by 10/8/2024. Proposed Joint Pretrial Order due by 11/8/2024. Signed by Magistrate Judge Brenda Weksler on 4/10/2024. (Copies have been distributed pursuant to the NEF - CAH)

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CT Belt-Wright v. Lyft, Inc. et al 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Doc. 53 RAHUL KULKARNI, ESQ. Nevada Bar No. 10650 AMANDA A. EBERT, ESQ. Nevada Bar No. 12731 WOLFE & WYMAN LLP 6757 Spencer Street Las Vegas, NV 89119 Tel: (702) 476-0100 Fax: (949) 475-9203 rkulkarni@ww.law aebert@ww.law DOMMOND E. LONNIE, ESQ. (Pro Hac Vice) TAMARA A. BUSH, ESQ. (Pro Hac Vice) NICHOLAS O. VON DER LANCKEN (Pro Hac Vice) DYKEMA GOSSETT, LLP 444 South Flower Street, Suite 2200 Los Angeles, CA 90071 Tel: (213) 457-1712 DLonnie@dykema.com TBush@dykema.com NvonderLancken@dykema.com Attorneys for Defendant/Third-Party Plaintiff U-HAUL CO. OF CALIFORNIA 16 UNITED STATES DISTRICT COURT 17 DISTRICT OF NEVADA 18 CT BELT-WRIGHT, 19 Plaintiff, 22 23 24 STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES v. 20 21 CASE NO.: 2:23-CV-00400-GMN-BNW U-HAUL CO. OF CALIFORNIA; LYFT, INC.; DOE LYFT EMPLOYEE I; DOES I-X; ROE BUSINESS ENTITIES XI-XX, [SECOND REQUEST] Defendants. U-HAUL CO. OF CALIFORNIA, Defendant/Third-Party Plaintiff 25 v. 26 27 CHRISTOPHER FAIFAIMALIE, Third-Party Defendant. 28 1 4873055.1 Dockets.Justia.com 1 STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES [SECOND REQUEST] 2 IT IS HEREBY STIPULATED AND AGREED by and among the parties hereto and each 3 4 5 party’s respective attorneys of record, that, Pursuant to LR 26-3 and Fed. R. Civ. P. (“Rule”) 6(b), discovery deadlines be extended as set forth below. 1. 6 7 8 modification, the parties’ Joint Discovery Plan and Scheduling Order. The Court established the following discovery deadlines: a. Discovery cut-off: 5/8/2024; 9 b. Deadline to amend pleadings: 2/8/2024; 10 c. Initial Expert Disclosures: 03/08/2024; 11 d. Rebuttal Expert Disclosures: 04/08/2024; 12 e. Dispositive Motions cutoff: 6/10/2024; 13 f. Joint Pretrial Order due by 7/10/2024. 14 2. 15 16 17 follows: a. Discovery cut-off: 07/09/24; b. Deadline to amend pleadings: 4/8/2024; 19 c. Initial Expert Disclosures: 05/08/2024; 20 d. Rebuttal Expert Disclosures: 06/10/2024; 21 e. Dispositive Motions cutoff: 8/9/2024; 22 f. Joint Pretrial Order due by 9/9/2024. 23 3. 24 26 27 In November of 2023, the parties conferred regarding the initial discovery schedule and all parties agreed to briefly extend the discovery deadlines, which the Court adopted (ECF No. 46) as 18 25 On June 2, 2023, the Magistrate Judge entered an order (ECF No. 19) approving, with The parties recently conferred and agreed that a second extension of the discovery deadlines is appropriate. Due to an upcoming mediation, and due to the need to conduct several additional depositions and discovery, the parties respectfully request a 60-day extension of discovery deadlines. The proposed dates are set forth below. 4. 28 The parties have diligently pursued discovery and continue to do so. 2 4873055.1 1 2 5. A. 3 Good cause exists for this extension for the reasons stated below. Discovery Completed to Date: 1. Disclosures 4 a. Plaintiff served his FRCP 26 Initial Disclosures on May 30, 2023 5 b. Plaintiff has served multiple supplemental FRCP 26 Disclosures (First Supplement 6 through Thirteenth Supplement) between June 22, 2023 and March 28, 2024. 7 c. Defendant Lyft served its FRCP 26 Initial Disclosures on May 30, 2023. 8 d. Defendant U-Haul served its FRCP 26 Initial Disclosures on May 30, 2023. 9 e. U-Haul served a Second Supplemental FRCP 26 Disclosure on September 5, 2023. 10 2. Written Discovery 11 a. Plaintiff served sets of discovery to Defendant U-Haul on July 6, 2023. U-Haul 12 responded on September 5, 2023. 13 b. Plaintiff served sets of discovery to Defendant Lyft on July 6, 2023. Lyft responded 14 on August 21, 2023. 15 c. U-Haul served sets of written discovery to Plaintiff on July 21, 2023. Plaintiff 16 responded on August 21, 2023. 17 d. Lyft served sets of written discovery to Plaintiff on September 9, 2023. Lyft 18 responded on November 9, 2023. 19 3. Depositions 20 a. The Deposition of Jake Lafata was taken November 27, 2023. 21 b. The Deposition of CT Belt-Wright was taken December 6, 2023. 22 c. The Deposition of Sergeant Rawley Campbell was taken January 23, 2024. 23 d. The Deposition of Christopher Faifaimalie was taken January 16, 2024. 24 B. 25 Discovery Remaining to be Completed Additional discovery tasks that the parties intend to complete are: 26 1. FRCP 35 examination of Plaintiff; 27 2. Disclosure of expert and rebuttal reports by all parties; 28 3. Deposition of Matthew Sabblut (currently scheduled to take place April 29, 2024); 3 4873055.1 1 4. Deposition of Paramedic Corina Barker (currently scheduled to take place April 25, 2 2024); 3 5. Deposition of Detective Joshua Trail (currently scheduled to take place April 26, 2024); 4 6. Additional percipient depositions as necessary; 5 7. Expert depositions as necessary; 6 8. Possible additional written discovery; 7 9. Additional FRCP 26 disclosures as necessary; 8 10. FRCP 35 Examination of Plaintiff. 9 C. 10 The parties are in the process of conducting multiple depositions which may result in new 11 12 13 14 15 16 17 18 19 factual information that could necessitate additional discovery. Additionally, the parties have reached a preliminary agreement pertaining to Plaintiff’s FRCP 35 examination and are currently discussing the relevant terms and conditions to be in place during the examination. Given that there will be at least three depositions and, possibly, an FRCP 35 examination, going forward within the next few weeks (as addressed above), the parties will need additional time to obtain the relevant transcripts and documents and to have their respective experts analyze and review this new information and prepare their own reports before the current deadline. This will simply not be possible within the current deadlines. Additionally, the parties have agreed to participate in a private mediation with Judge David 20 21 22 23 Jones (Ret.) with Advanced Resolution Management. The mediation is set to go forward on May 13, 2024. As the initial expert disclosure deadline is currently May 8, 2024, the parties believe it would be beneficial to extend the discovery deadlines to avoid incurring unnecessary fees and costs. This stipulation complies LR 26-3 as the May 8, 2024 initial expert disclosure deadline is 24 25 26 27 28 Reasons Why the Remaining Discovery Cannot be Completed Within the Time Limits Set by the Current Discovery Plan beyond 21 days past the date of this stipulation. Additionally, there is no trial date set, and it is the parties’ second request. As discussed above, the parties have been diligent in conducting discovery, and have plans to continue to do so. Accordingly, the brief 60-day extension is warranted. /// 4 4873055.1 1 D. Proposed Schedule for Completing all Remaining Discovery 2 a. Close of Discovery: September 9, 20241; 3 b. Deadline to Amend Pleadings: June 7, 2024; 4 c. Initial Expert Disclosures: July 8, 20242; 5 d. Rebuttal Expert Disclosures: August 9, 2024; 6 e. Deadline to File Dispositive Motions: October 8, 2024; and 7 f. Deadline to File Joint Pre-Trial Order: November 8, 2024. 8 IT IS SO STIPULATED AND AGREED: 9 10 DATED: April 8, 2024 DATED: April 8, 2024 WOLFE & WYMAN, LLP CLAGGETT & SYKES LAW FIRM By: /s/ RAHUL KULKARNI RAHUL KULKARNI, ESQ. Nevada Bar No.: 10650 AMANDA A. EBERT, ESQ. Nevada Bar No.: 12731 6757 Spencer Street Las Vegas, NV 89119 Attorneys for Defendant/Third-Party Plaintiff U-HAUL CO. OF CALIFORNIA By: /s/ DONALD J. GRAHAM SHANNON L. WISE, ESQ. Nevada Bar No.: 14509 DONALD J. GRAHAM, ESQ. Nevada Bar No.: 16086 4101 Meadows Lane, Suite 100 Las Vegas, NV 89107 Attorneys for Plaintiff CT BELT-WRIGHT 11 12 13 14 15 16 17 DATED: April 8, 2024 18 DOMMOND E. LONNIE, ESQ. (Pro Hac Vice) 444 South Flower Street, Suite 2200 Los Angeles, California 90071 Attorneys for Defendant/Third-Party Plaintiff U-HAUL CO. OF CALIFORNIA 19 20 21 FOX ROTHSCHILD LLP By: /s/ REX D. GARNER REX D. GARNER ESQ. Nevada Bar No.: 9401 1980 Festival Plaza Drive, Suite 700 Las Vegas, NV 89135 Attorneys for Defendant LYFT, INC. 22 23 24 25 26 27 28 1 2 The 60-day extension falls on Saturday, September 7, 2024. September 9, 2024 is the next business day. The 60-day extension falls on Sunday, July 7, 2024. July 8, 2024 is the next business day. 5 4873055.1 1 ORDER 2 IT IS SO ORDERED this ________ day of ____________, 2024. 10 April 3 4 5 ___________________________________ UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 4873055.1

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