Tucker v. IMI Miracle Mall LLC, No. 2:2023cv01794 - Document 23 (D. Nev. 2024)

Court Description: ORDER Granting 22 Stipulation to Extend Discovery Deadlines. Discovery due by 9/24/2024. Motions due by 10/24/2024. Signed by Magistrate Judge Daniel J. Albregts on 3/28/2024. (Copies have been distributed pursuant to the NEF - ABG)

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Tucker v. IMI Miracle Mall LLC 1 2 3 4 5 6 7 Doc. 23 TYSON & MENDES LLP GRIFFITH H. HAYES Nevada Bar No. 7374 Email: ghayes@tysonmendes.com CHRISTOPHER A. LUND Nevada Bar No. 12435 Email: clund@tysonmendes.com 2835 St. Rose Pkwy., Suite 140 Henderson, NV 89052 Telephone: (702) 724-2648 Facsimile: (702) 410-7684 Attorneys for Defendant IMI Miracle Mall LLC 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 ELIZABETH TUCKER, individually, Case No. 2:23-cv-01794-JAD-DJA 11 12 13 14 15 16 Plaintiff, STIPULATION AND PROPOSED ORDER TO EXTEND DISCOVERY DEADLINES v. (FIRST REQUEST) IMI MIRACLE MALL LLC DBA MIRACLE MILE SHOPS, a Foreign Limited-Liability Company; and DOES I through X, inclusive, Defendants. 17 18 IT IS HEREBY STIPULATED AND AGREED, between the parties and their attorneys 19 of record, that the current discovery deadlines relating to be extended approximately three 20 (3) months, pursuant to Local Rule 26-1(b). I. DISCOVERY COMPLETED TO DATE 21 22 23 24 25 26 27 28 1. The parties have conducted the FRCP 26.1 Early Case Conference. 2. The parties have produced their respective Lists of Witnesses and Documents, and supplements thereto pursuant to FRCP 26(a). 3. Plaintiff has propounded discovery to Defendant. 4. Defendant has propounded discovery to Plaintiff. 5. Plaintiff has responded to Defendant’s discovery requests. 1 Dockets.Justia.com 1 7. Defendant has responded to Plaintiff’s discovery requests. II. DISCOVERY THAT REMAINS TO BE COMPLETED 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 1. Deposition of Plaintiff. 2. Deposition of Defendant IMI Miracle Mall LLC’s 30(b)(6) witness(es). 3. Plaintiff’s FRCP 35 Examination. 4. Deposition(s) of Plaintiff’s treating physicians. 5. Deposition of other percipient witnesses. 6. Initial expert disclosures. 7. Rebuttal expert disclosures. 8. Depositions of experts. 9. Issuing subpoenas to additional third-parties, including Plaintiff’s medical providers (if any). 10. Additional written discovery (if necessary). 11. Any remaining discovery the parties deem relevant and necessary as discovery continues. III. REASONS THE PARTIES REQUEST TO EXTEND THE DISCOVERY DEADLINES The parties aver, pursuant to Local Rule 26-3, that good cause exists for the following requested extension. This Request for an extension of time is not sought for any improper purpose other purpose of delay. Good cause exist as a new party ECS FEDERAL, LLC has been named by Plaintiff. Service upon this respondent occurred on March 5, 2024. ECS FEDERAL, LLC’s answer is due on or before March 26, 2024. For the reasons set forth more fully below, it is necessary to continue to deadlines so the new party can appear in the case and participate in the the deposition and IME of Plaintiff can be completed prior to the initial expert disclosure deadlines. Extension or Modification of The Discovery Plan and Scheduling Order. LR 26-3 governs modifications or extension of the Discovery Plan and Scheduling 28 2 1 Order. Any stipulation or motion to extend or modify that Discovery Plan and Scheduling Order 2 must be made no later than twenty-one (21) days before the expiration of the subject deadline 3 and must comply fully with LR 26-3. If the stipulation is made less than twenty-one (21) days 4 before the expiration of a deadline, the parties must show a good cause exist. As stated above 5 good cause exist as a new party ECS FEDERAL, LLC has been named by Plaintiff. Service upon 6 this respondent occurred on March 5, 2024. ECS FEDERAL, LLC’s answer is due on or before 7 March 26, 2024 Current Deadline Proposed Deadline Motion to Amend/Add Parties March 26, 2024 June 26, 2024 April 25, 2024 July 25, 2024 11 Initial Expert Disclosures All Rebuttal Expert Disclosures May 28, 2024 August 28, 2024 12 Discovery Cut-Off Date June 24, 2024 September 24, 2024 13 Dispositive Motions July 24, 2024 October 24, 2024 8 9 10 Discovery Deadline 14 15 16 17 18 The parties represent this Stipulation is sought in good faith and not interposed for delay or any other improper purpose. The Dated this 27th day of March, 2024. Dated this 27th day of March, 2024. MAROLA & RUIZ LAW GROUP PLLC TYSON & MENDES LLP _/s/ Yvonne Ruiz_____________________ ELAINE H. MARZOLA Nevada Bar No.: 12442 YVONNE RUIZ Nevada Bar No: 14111 8975 South Pecos Road, Suite 6B Henderson, Nevada 89074 Attorneys for Plaintiff ___/s/ Griffith H. Hayes_________________ GRIFFITH H. HAYES Nevada Bar No. 7374 CHRISTOPHER A. LUND Nevada Bar No. 12435 2835 St. Rose Pkwy., Suite 140 Henderson, NV 89052 Attorneys for Defendant IMI Miracle Mall LLC 19 20 21 22 23 24 25 26 27 28 3 1 IT ISIT SOISORDERED that the parties' stipulation to extend discovery deadlines (ECF No. SO ORDERED. 22) is GRANTED. 2 3 UNITED STATES MAGISTRATE JUDGE 4 5 DATED: 3/28/2024 DATED this ________________ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 From: To: Cc: Subject: Date: Attachments: Yvonne Ruiz Griffith Hayes Stefania Rota Scalabrini; Heidi Brown RE: Tucker v. IMI Miracle Mile LLC et. al. ( TM 23-3388) Wednesday, March 20, 2024 3:19:50 PM image001.png 2024.03.20 SAO to extend (A7343468xDBB43).docx Attached is my redline revision. If you are agreeable, then you can affix my electronic signature. Sincerely, *Please note our new office address* Yvonne Ruiz, Esq. Marzola & Ruiz Law Group PLLC 8975 S. Pecos Rd., Suite 6B Henderson, Nevada 89074 T: 702-707-4878 F: 702-846-0776 D: 702-800-5961 Licensed in Nevada and California yvonne@marzolaruizlaw.com www.marzolaruizlaw.com Confidentiality Notice: This message and any attachments are for the named person's use only. The message and any attachment may contain confidential, proprietary, or privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you receive this message in error, please immediately notify the sender, delete all copies of it from your system, and destroy any hard copies of it. Please do not, directly or indirectly, use, disclose, distribute, print, or copy any part of this message if you are not the intended recipient. Further, this message shall not be considered, nor shall it constitute an electronic transaction, non-paper transaction, and/or electronic signature under any and all electronic acts including the Uniform Electronic Transfer Act and/or the Electronic Signatures in Global and National Commerce Act. From: Griffith Hayes <ghayes@TysonMendes.com> Sent: Wednesday, March 20, 2024 11:30 AM To: Yvonne Ruiz <yvonne@marzolaruizlaw.com> Cc: Stefania Rota Scalabrini <SRotascalabrini@TysonMendes.com>; Heidi Brown <HBrown@TysonMendes.com> Subject: Tucker v. IMI Miracle Mile LLC et. al. ( TM 23-3388) Hi Yvonne, Here is the proposed stipulation extending the dates by about 3 months. Let me know if this is approved. Thanks. Griff

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