Darlene Girouard v. Walmart Transprtation, LLC et al, No. 2:2023cv00674 - Document 24 (D. Nev. 2024)

Court Description: ORDER Granting 23 Stipulation of Extension of Time re 19 Order on Stipulation. Discovery due by 8/16/2024. Motions due by 9/13/2024. Proposed Joint Pretrial Order due by 11/15/2024. Signed by Magistrate Judge Elayna J. Youchah on 3/5/2024. (Copies have been distributed pursuant to the NEF - ALZ)

Download PDF

Darlene Girouard v. Walmart Transprtation, LLC et al 1 2 3 4 5 6 Doc. 24 BRUCE SCOTT DICKINSON, ESQ. Nevada Bar No. 002297 THORNDAL ARMSTRONG, PC 1100 E. Bridger Avenue Las Vegas, NV 89101 TEL: (702) 366-0622 FAX: (702) 366-0327 email: bsd@thorndal.com Attorneys for Defendants 7 8 IN THE UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 CASE NO.: 2:23-cv-00674-CSD-EJY DARLENE GIROUARD, an individual, 12 13 Plaintiff, vs. (Third Request) 14 15 16 17 18 Stipulation and Proposed Order to Extend Discovery WALMART TRANSPORTATION, LLC, a foreign corporation; WALMART, INC. dba WALMART, a foreign corporation; ROBERT WILLIAMS MENDOZA, an individual; DOES I through XV; and ROE CORPORATIONS I through X, inclusive, 19 Defendants. 20 Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective counsel of 21 record, hereby stipulate and request that this Court extend discovery in the above-captioned case 22 sixty (60) days from the current deadline of June 17, 2024 up to and including August 16, 2024. In 23 addition, the parties request that all other future deadlines contemplated by the Discovery Plan and 24 Scheduling Order be extended pursuant to Local Rule. In support of this Stipulation and Request, 25 the parties state as follows: 26 1. On March 20, 2023, Plaintiff filed her Complaint in the Eighth Judicial District Court 27 28 of Nevada. 1 Dockets.Justia.com 1 2. 2 Walmart were served and on April 1, 2023, Robert Williams Mendoza was served. 3 3. On March 22, 2023, Defendants, Walmart Transportation, LLC and Walmart, Inc. dba On April 28, 2023, Defendants removed this action to the United States District 4 5 Court, District of Nevada. 4. On May 11, 2023, Defendants filed their Answers and Jury Demands. 7 5. On May 16 2023, Defendants filed their Statement Regarding Removal, pursuant to 8 the Court’s May 1, 2023 Minute Order. 6 9 6. On May 18, 2023, the parties held their FRCP 26(f) conference. 7. On May 30, 2023, Plaintiff served her Initial Rule 26(f) Disclosures. 8. On May 31, 2023, the parties submitted their Joint Status Report. 13 9. On June 13, 2023, Defendants served their Initial Rule 26(f) Disclosures. 14 10. On June 14, 2023, Defendants served their First Set of Requests for Production of 15 Documents upon Plaintiff. 10 11 12 16 11. On June 14, 2023, Defendants served their First Set of Interrogatories upon Plaintiff. 12. On July 7, 2023, Defendants served their First Supplemental Rule 26(f) Disclosures. 13. On July 28, 2023, Plaintiff served her First Supplemental Rule 26(f) Disclosures. 20 14. On July 28, 2023, Plaintiff served her Answers to Defendants First Set of 21 Interrogatories. 17 18 19 22 23 15. On July 28, 2023, Plaintiff served her Responses to Defendants First Set of Requests for Production of Documents. 24 25 16. On August 14, 2023, Plaintiff provided Defendants with a HIPAA consent allowing 26 for release of medical records from 2017 to present. 27 17. 28 Diagnostic Medical Imaging, Radar Medical Group, Centennial Surgery Center, David On August 15, 2023, Defendant subpoenaed medical records from Steinberg 2 1 Oliveri, M.D., Las Vegas Neurosurgery, Orthopedic & Rehabilitation, Centennial Spine & 2 Pain, Desert Radiology Solutions, UMC Quick Care Centennial and AlignMed. 3 18. On September 14, 2023, Defendants served their Second Supplemental Rule 26(f) 4 5 6 Disclosures. 19. On September 22, 2023 Plaintiff served her First Set of Interrogatories to Defendant 7 Walmart, Inc. 8 20. 9 10 On September 22, 2023 Plaintiff served her First Set of Interrogatories to Defendant Walmart Transportation, LLC. 21. On September 22, 2023, Plaintiff served her First Set of Interrogatories to Defendant 11 12 Robert William Mendoza. 13 22. 14 Documents to Defendant Robert William Mendoza. 15 23. 16 On September 22, 2023, Plaintiff served her First Set of Requests for Production of On September 22, 2023, Plaintiff served her First Set of Requests for Production of Documents to Defendant Walmart, Inc. 17 18 19 24. On September 22, 2023, Plaintiff served her First Set of Requests for Production of Documents to Defendant Walmart Transportation, LLC. 20 25. 21 Disclosures. 22 23 26. On October 30, 2023, Defendants served their Third Supplemental Rule 26(f) On November 3, 2023, Defendant Robert Mendoza served his Reponses to Plaintiff’s Request for Production of Documents to Plaintiff. 24 25 27. On November 27, 2023, Defendants served their Fourth Supplemental Rule 26(f) 26 Disclosures. 27 28. 28 Disclosures. On December 14, 2023, Defendants served their Fifth Supplemental Rule 26(f) 3 1 29. 2 Disclosures. 3 30. On December 18, 2023, Defendants served their Sixth Supplemental Rule 26(f) On December 19, 2023, Defendants served their Seventh Supplemental Rule 26(f) 4 5 6 Disclosures. 31. On January 5, 2024, Defendants served their Eighth Supplemental Rule 26(f) 7 Disclosures. 8 32. 9 On February 29, 2024, Howard Tung, M.D. performed a FRCP 35 Evaluation of Mrs. Girouard, however, his report has not yet been completed. 10 11 12 13 14 15 16 17 Discovery Remaining 1. The parties will continue participating in written discovery. 2. Defendants will take the deposition of Plaintiff. 3. Plaintiff will take the deposition of Defendants. 4. The parties may take the depositions of any and all other witnesses garnered through discovery. 5. Expert retention. 6. Plaintiff has requested an inspection of the tractor-trailer involved in the accident. 18 19 While the trailer is available, the tractor is no longer in the Walmart fleet. Walmart is in the 20 process of locating that equipment so it can be made available at a mutually convenient time 21 and location for an inspection. 22 Why Remaining Discovery Has Not Been Completed 23 1. 24 which are merely for delay or any other improper purpose: 25 2. 26 This request for an extension of time is sought for the following reasons, neither of As noted in the third request to extend discovery, Walmart has been attempting to locate the tractor involved in the subject accident for an inspection by the plaintiff. 27 28 Because the tractor is no longer in Walmart’s fleet and cannot be located, the parties 4 1 have stipulated that an exemplar vehicle may be used for the inspection. The inspection 2 will be set for April, 2024. 3 Defendants’ counsel has a firm trial setting on March 18, 2024 that is expected to 3. 4 last for three weeks in the Eighth Judicial District Court, Dept. 4 in Kathleen Jehorek v. 5 Phillips Crane Service, LLC, Case No. A-19-792801-C. 6 4. 7 Accordingly, the parties herein request a 90-day extension of all discovery deadlines, 8 and respectfully submit good cause exists for the same. 9 10 11 12 13 14 15 16 17 18 Scheduled Event Current Deadline Proposed Deadline Closed Closed Initial Expert Disclosures April 5, 2024 June 5, 2024 Rebuttal Expert Disclosures May 6, 2024 July 5, 2024 Discovery Cut-Off June 17, 2024 August 16, 2024 Final Date for Dispositive July 15, 2024 September 13, 2024 September 16, 2024 or November 15, 2024, or 30 30 days after resolution days after resolution of of dispositive motions dispositive motions Final date to amend pleadings or add parties Motions Joint Order 19 Proposed Pre-Trial 20 21 22 23 24 25 ... ... ... ... ... 26 27 28 5 1 The parties respectfully request that this Court extend the discovery period by sixty (60) days 2 from the current deadline of June 17, 2024 up to and including August 16, 2024, and the other dates 3 as outlined in accordance with the table above. 4 DATED this 5th day of March, 2024. DATED this 5th day of March, 2024. 5 THORNDAL ARMSTRONG, PC CLEAR COUNSEL LAW GROUP By:_____________________________ BRUCE SCOTT DICKINSON, ESQ. Nevada Bar No. 002297 1100 E. Bridger Avenue Las Vegas, NV 89101 TEL: (702) 366-0622 / FAX: (702) 366-0327 bsd@thorndal.com Attorneys for Defendants By:__//Scott A. Flinders, Esq.//______ Scott A. Flinders, Esq. (6975) 1671 W. Horizon Ridge Parkway, Suite 200 Henderson, Nevada 89012 T: (702) 476-5900/ F: (702) 924-0709 sflinders@clearcounsel.com Attorneys for Darlene Girouard 6 7 8 9 10 11 12 13 14 Order 15 IT IS SO ORDERED. 16 Dated this 5th day of March, 2024. 17 18 19 _________________________________________ United States Magistrate Judge 20 21 22 23 24 25 26 27 28 6

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.