Phillips, et al v. Bishop Heating & Air Conditioning, Inc., No. 2:2023cv01445 - Document 21 (D. Nev. 2024)

Court Description: ORDER granting 20 Stipulation TO EXTEND DISCOVERY DEADLINES (SECOND REQUEST. Discovery due by 5/14/2024. Motions due by 6/13/2024. Proposed Joint Pretrial Order due by 7/13/2024. Signed by Magistrate Judge Brenda Weksler on 1/17/2024. (Copies have been distributed pursuant to the NEF - CAH)

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Phillips, et al v. Bishop Heating & Air Conditioning, Inc. Doc. 21 1 LUCIAN J. GRECO, JR., ESQ. Nevada State Bar No. 10600 2 MELISSA INGLEBY, ESQ. Nevada State Bar No. 12935 3 THUONG (Cindy) H. NGUYEN, ESQ. Nevada State Bar No. 16436 4 BREMER WHYTE BROWN & O’MEARA LLP 1160 N. TOWN CENTER DRIVE 5 SUITE 250 LAS VEGAS, NV 89144 (702) 258-6665 FACSIMILE: (702) 258-6662 7 lgreco@bremerwhyte.com mingleby@bremerwhyte.com 8 cnguyen@bremerwhyte.com 6 TELEPHONE: 9 Attorneys for Defendant, BISHOP HEATING & AIR CONDITIONING, INC. 10 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 JAMES M. PHILLIPS, an individual; and MARILYN MARIE LARSEN14 PHILLIPS, an individual, Plaintiffs, 15 16 vs. Case No. 2:23-CV-01445-RDB-BNW STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (SECOND REQUEST) 17 BISHOP HEATING & AIR CONDITIONING, INC., a California 18 Corporation, DOES I through X, inclusive, and ROE CORPORATIONS XI 19 through XX, inclusive, 20 Defendants. 21 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs JAMES M. PHILLIPS and MARILYN MARIE LARSEN-PHILLIPS (“Plaintiffs”), by and through their attorneys of record, Jemma E. Dunn, Esq. and Karson D. Bright, Esq. of Greenberg Gross, LLP, and Defendant, BISHOP HEATING & AIR CONDITIONING, INC. (“Defendant”), by and through their attorney of record, Lucian J. Greco, Jr, Esq., Melissa Ingleby, Esq., and Thuong (Cindy) H. Nguyen, Esq. of Bremer, Whyte, Brown & O’Meara, LLP, (collectively, the “Parties”), and for good BREMER WHYTE BROWN & O’MEARA LLP 1160 N. Town Center Drive Suite 250 Las Vegas, NV 89144 (702) 258-6665 1464.053 4854-0559-4780.2 Dockets.Justia.com 1 cause shown that the discovery deadlines in the above-entitled matter be extended with 2 thirty (30) days to allow for necessary expert discovery. 3 I. 4 Listed below is a statement specifying the discovery completed in this case: 5 1. 6 7 DISCOVERY COMPLETED TO DATE Plaintiff’s Initial List of Witnesses and Production of Documents made Pursuant to FRCP 26(a)(1). 2. 8 Defendants’ Initial List of Witnesses and Production of Documents made Pursuant to FRCP 26(a)(1). 9 3. Defendants’ First Set of Interrogatories to Plaintiff James Phillips. 10 4. Defendants’ First Request for Production of Documents to Plaintiff James 11 Phillips. 12 5. Defendants’ First Request for Admission to Plaintiff James Phillips. 13 6. Plaintiff’s First Set of Interrogatories to Defendant, and Defendant’s Responses to Plaintiff’s First Set of Interrogatories to Defendant. 14 15 7. Plaintiff’s First Request for Production of Documents to Defendant, and 16 Defendant’s Responses to Plaintiff’s First Request for Production of 17 Documents to Defendant. 18 8. Responses to Plaintiff’s First Request for Admission to Defendant. 19 20 9. 21 22 Plaintiff’s First Request for Admission to Defendant, and Defendant’s Plaintiff’s First Supplemental List of Witnesses and Production of Documents made Pursuant to FRCP 26(a)(1). 10. Defendant issued Subpoenas for Plaintiff’s medical records, and Valley 23 Propane Company. 24 II. 25 The Parties plan to complete the following discovery: DISCOVERY REMAINING TO BE COMPLETED 26 1. Plaintiff’s Responses to Defendant’s First Set of Interrogatories to Plaintiff. 27 2. Plaintiff’s Responses to Defendant’s First Request for Production of 28 Documents to Plaintiff. BREMER WHYTE BROWN & O’MEARA LLP 1160 N. Town Center Drive Suite 250 Las Vegas, NV 89144 (702) 258-6665 2 1464.053 4854-0559-4780.2 4854-0559-4780, v. 2 1 3. Plaintiff’s Responses to Defendant’s First Request for Production of 2 Documents to Plaintiff. 3 4. Supplement records with Plaintiff’s recent and on-going treatment; 4 5. Rule 35 Examinations of Plaintiff James Phillips on January 29, 2024; 5 6. Parties’ Initial Expert and Rebuttal Disclosures; 6 7. Depositions of Plaintiffs James Phillips and Marilyn Marie Larsen- 7 Phillips; 8 8. Deposition of the FRCP 30(b)(6) representative of Defendant; 9 9. Depositions of percipient witnesses. 10 10. Depositions of the Plaintiff’s treating physicians and/or retained experts. 11 11. Depositions of the Defendants’ experts; 12 12. Supplemental FRCP 26 disclosures; 13 13. Additional written discovery and/or subpoena duces tecum of records 14 15 from necessary providers; 14. Any additional discovery that is necessary as the Parties proceed through 16 17 18 discovery. III. REASONS WHY DISCOVERY WAS NOT COMPLETED WITHIN THE TIME SET BY DISCOVERY PLAN & GOOD CAUSE UNDER LR 26-3 19 20 This is the second request for an extension of discovery deadlines requested by 21 the parties. The parties stipulate to extend expert deadlines in this case. Good cause is 22 shown to extend the discovery deadlines as despite the Parties’ diligence and good 23 faith attempts to pursue discovery in preparation of their respective case, Plaintiff 24 James Phillips’ alleged injuries and on-going treatment necessitate two different Rule 25 35 Examinations. Plaintiff James Phillips resides in Fish Lake, Nevada, and 26 Defendants’ experts are located in Las Vegas and Reno. After extensive collaboration, 27 the parties successfully scheduled Plaintiff’s Examination for January 29, 2024 in Las 28 Vega, Nevada. However, in the event the examination reveals additional information, BREMER WHYTE BROWN & O’MEARA LLP 1160 N. Town Center Drive Suite 250 Las Vegas, NV 89144 (702) 258-6665 3 1464.053 4854-0559-4780.2 4854-0559-4780, v. 2 1 the Parties may require extra time to conduct further investigation. In addition, 2 Defendants are still in the process of obtaining Plaintiff’s medical records which are 3 necessary prior to depositions and the initial expert disclosure deadline. As such, the 4 deadlines cannot be reasonably met despite the diligence of the Parties. See Johnson 5 v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). 6 The parties are actively engaging in discovery in this matter. Furthermore, the 7 parties are acting in good faith in filing this Stipulation and without an intent to 8 improperly delay the proceedings. Continuing the expert deadline will not prejudice 9 any party or have a negative impact upon the judicial administration of this Honorable 10 Court. Accordingly, the Parties are requesting a thirty (30) day extension to all 11 remaining discovery deadlines. 12 IV. 13 The Parties hereto, and for good cause described in this Stipulation, and in PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 14 accord with Local Rule 6-1 and Local Rule 26-3, request this Honorable Court to adopt 15 and approve this stipulated extension to the discovery plan, and continue the discovery 16 deadlines as requested below: 17 Event: Current Date: Proposed Date: 18 Discovery Cutoff Date: April 12, 2024 May 14, 2024 19 Expert Designations: February 14, 2024 March 15, 2024 20 Rebuttal Designations: March 15, 2024 April 14, 2024 21 Dispositive Motions: May 13, 2024 June 13, 2024 22 Joint Pre-Trial Order: June 12, 2024 July 13, 2024 23 /// 24 /// 25 /// 26 /// 27 /// 28 BREMER WHYTE BROWN & O’MEARA LLP 1160 N. Town Center Drive Suite 250 Las Vegas, NV 89144 (702) 258-6665 4 1464.053 4854-0559-4780.2 4854-0559-4780, v. 2 1 As set forth herein, this Stipulation is supported by good cause and is not for 2 purposes of delay. 3 The parties hereby stipulate to extend the remaining discovery deadlines 4 included in the discovery plan by thirty (30) days. 5 IT IS SO STIPULATED. 6 7 DATED this 16th day of January 2024. DATED this 16th day of January 2024 8 GREENBERG GROSS LLP 9 10 11 12 13 /s/ Karson D. Bright. JEMMA E. DUNN, ESQ. Nevada Bar No. 16229 KARSON D. BRIGHT, ESQ. Nevada Bar No. 14837 Attorney for Plaintiffs 14 15 BREMER WHYTE BROWN & O’MEARA LUCIAN J. GRECO, JR., ESQ. Nevada State Bar No. 10600 MELISSA INGLEBY, ESQ. Nevada Bar No. 12935 THUONG (CINDY) H. NGUYEN, ESQ. Nevada Bar No. 16436 Attorneys for Defendants 16 17 18 19 20 21 22 23 24 25 26 27 28 BREMER WHYTE BROWN & O’MEARA LLP 1160 N. Town Center Drive Suite 250 Las Vegas, NV 89144 (702) 258-6665 5 1464.053 4854-0559-4780.2 4854-0559-4780, v. 2 1 ORDER 2 Based upon the stipulation of the parties hereto, and for good cause appearing: 3 IT IS HEREBY ORDERED that the discovery deadlines are extended as follows: 4 5 Event: Deadline: 6 Discovery Cutoff Date: May 14, 2024 7 Expert Designations: March 15, 2024 8 Rebuttal Expert Designations: April 14, 2024 9 Dispositive Motions: June 13, 2024 10 Joint Pre-Trial Order: July 13, 2024 11 IT IS SO ORDERED 12 5:28 pm, January 17, 2024 DATED:States United District Court Judge 13 14 15 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 Respectfully submitted, BREMER WHYTE BROWN & O’MEARA LLP By: LUCIAN J. GRECO, JR., ESQ. Nevada Bar No. 10600 MELISSA INGLEBY, ESQ. Nevada Bar No. 12935 THUONG (CINDY) H. NGUYEN, ESQ. Nevada Bar No. 16436 Attorneys for Defendant 25 26 27 28 BREMER WHYTE BROWN & O’MEARA LLP 1160 N. Town Center Drive Suite 250 Las Vegas, NV 89144 (702) 258-6665 6 1464.053 4854-0559-4780.2 4854-0559-4780, v. 2

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