Fernandez v. Clark County School District et al, No. 2:2023cv01843 - Document 12 (D. Nev. 2024)
Court Description: ORDER granting 11 Amended Discovery Plan and Scheduling Order. Discovery due by 11/15/2024. Motions due by 12/16/2024. Proposed Joint Pretrial Order due by 1/15/2025. Signed by Magistrate Judge Elayna J. Youchah on 1/4/2024. (Copies have been distributed pursuant to the NEF - CAH)
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Fernandez v. Clark County School District et al Doc. 12 1 2 3 4 5 6 7 NICHOLAS M. WOOLDRIDGE, ESQ. Nevada Bar No.:8732 WOOLDRIDGE LAW LTD. 400 South 7th Street, Suite 400 Las Vegas, NV 89101 Telephone: (702) 623-6362 Facsimile: (702) 359-8494 Attorney for Plaintiff 8 UNITED STATES DISTRICT COURT 9 10 11 DISTRICT OF NEVADA DANIEL FERNANDEZ, Plaintiff, 12 vs. 13 CLARK COUNTY SCHOOL DISTRICT, a political subdivision of Clark County, State of Nevada, Dr. JESUS F. JARA, Superintendent of AMENDED DISCOVERY PLAN AND the Clark County School District, his individual SCHEDULING ORDER; SPECIAL SCHEDUING REVIEW REQUESTED and official capacity, CLARK COUNTY, a political subdivision of the State of Nevada, CLIEDA LLANES individually and in her official capacity as head custodian, Snyder Elementary School, Clark County School District, CHRISTINE VASQUES, individually and in her capacity as principal, Blue Diamond Elementary School, Clark County School District, CLARK COUNTY SCHOOL DISTRICT POLICE DEPARTMENT, a political subdivision of Clark County, State of Nevada, MIKE BLACKEYE, Chief of Police of the Clark County School District, in his individual and official capacity, OFFICER B. CHAPLIN P # 581, individually and in his capacity as Police Officer, CCSDPD, OFFICER I. CAMPOS P #533, individually and in his capacity as Police Officer, CCSDPD, DOES 1-100, JOHN DOES 1 through 100, inclusive; and ROE ENTITIES 1 through 100, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.: 2:23-cv-01843 Defendants. PAGE 1 OF 8 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 The parties conducted the Rule 26(f) conference on December 14, 2023. The parties now submit their proposed discovery plan and scheduling order in compliance with LR 26-1(b). 1) Discovery Cut-Off Date. The Defendants answered or otherwise appeared on November 17, 2023. The proposed discovery cut-off date is November 15, 2024. 2) Amended Pleadings and Adding Parties: Amending the Pleadings and Adding Parties. The deadline to amend the pleadings and add parties is August 16, 2024 [insert date 90 days before the discovery cut-off date]. 3) Expert and Rebuttal-Expert Disclosures. The deadline to disclose experts September 11 16, 2024 [insert date 60 days before the discovery cut-off date]. The deadline to disclose 12 rebuttal experts is October 16, 2024 [insert date 30 days before the discovery cut-off date]. 13 4) Dispositive Motions. The deadline to file dispositive motions is December 16, 2024 [insert 14 15 16 date 30 days after the discovery cut-off date]. 5) Pretrial Order. The deadline to file a pretrial order is January 15, 2024 [insert date 30 days after the dispositive-motion deadline]. 17 6) Fed. R. Civ. P. 26(a)(3). The disclosures required by this rule and any objections to them 18 must be included in the joint pretrial order. [Unless the parties stipulate otherwise in this 19 proposed discovery plan and scheduling order and the court so orders.] 20 7) Alternative Dispute Resolution. The parties certify that they met and conferred about the 21 possibility of using alternative dispute-resolution processes including mediation, 22 arbitration, and if applicable, early neutral evaluation. 23 24 25 26 27 28 8) Alternative Forms of Case Disposition. The parties certify that they considered consent to trial by a magistrate judge under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73 and the use of the Short Trial Program (General Order 2013-01). 9) Electronic Evidence. The parties certify that they discussed whether to present evidence in electronic format to jurors for the purpose of jury deliberations. [Applies only in cases in which a jury trial has been demanded. If applicable, state any stipulations the parties PAGE 2 OF 8 1 2 reached regarding providing discovery in an electronic format compatible with the court’s 3 electronic jury evidence display system.] 4 10) Reason for Request for Extended Discovery Deadlines. 5 The standard discovery deadlines are insufficient due the extensive discovery that needs to 6 be competed in this matter and due to the specific individuals and entities that will likely 7 need to respond to Plaintiff’s discovery requests. Specifically, Plaintiff intends to conduct 8 the following discovery requests: 9 10 11 No. Discovery Item Notes on Discovery Item 12 1 FRCP 30(b)(6) Deposition of Clark County This deposition will also require a meet School District. 13 and confer between the parties prior to 14 the deposition pursuant to FRCP 15 30(b)(6). Further, it is anticipated that 16 Defendant will need substantial time to 17 access and select the proper deponents 18 based on Plaintiff’s examination items. 19 2 20 Written Discovery to Clark County School It is anticipated that Defendant will District. need more than the standard 30 days to 21 secure 22 27 28 answers and complex nature of the Clark County 24 26 correct documents to discovery due to the 23 25 the School District. 3 Deposition of Clieda Llanes N/A 4 Written Discovery to Cleida Llanes N/A 5 Deposition of Christine Vasques Upon information and belief of Plaintiff, this Defendant is still an PAGE 3 OF 8 1 2 active principle at Blue Diamond ES. It 3 is anticipated by the parties that 4 discovery responses, and subsequently, 5 the deposition may be delayed due the 6 job duties of this Defendant. 7 8 6 Written Discovery of Christine Vasques Upon information and belief of Plaintiff, this Defendant is still an 9 10 active principle at Blue Diamond ES. It 11 is anticipated by the parties that 12 discovery responses, and subsequently, 13 the deposition may be delayed due the 14 job duties of this defendant. 15 7 Deposition of Officer B. Chaplin Both parties will need to accommodate 16 the 17 defendant. However, no issues are 18 anticipated at this time regarding this 19 deposition. 20 8 Written Discovery to Officer B. Chaplin 21 of this individual schedules of this defendant. However, no issues are 23 anticipated at this time regarding this 24 25 schedules Both parties will need to accommodate the 22 individual deposition. 9 Deposition of Officer I. Campos Both parties will need to accommodate 26 the 27 individual schedules of this defendant. However, no issues are 28 PAGE 4 OF 8 1 2 anticipated at this time regarding this 3 deposition. 4 5 10 Written Discovery to Officer I. Campos the 6 individual schedules of this defendant. However, no issues are 7 anticipated at this time regarding this 8 deposition. 9 10 Both parties will need to accommodate 11 Disclosures of Initial Experts Under standard discovery deadlines, 11 initial experts would be due on 12 approximately March 15, 2024. The 13 determination on experts must be made 14 based on the discovery received in at 15 least some of the depositions taken 16 above. Completely such a task in 3 17 months 18 achievable. However, the proposed 19 deadline of August 16, 2024 is a target 20 that can be accomplished if all the 21 parties act diligently in discovery. 22 12 Deposition of any disclosed Experts would simply not be N/A 23 24 25 26 27 28 In addition, it is expected that Defendant will seek to take the deposition of Plaintiff as well as submit written discovery. That being said, it is also anticipated that Defendant plans on filling early Motions to Dismiss. This Motion will likely aim to have multiple parties and claims dismissed. Such motions will likely also be highly controlling what discovery topics are relevant. An extended time frame in discovery will allow for these motions to be handled and not require PAGE 5 OF 8 1 2 3 the parties to request another discovery extension assuming that the motions are handled in a timely fashion. 4 In summary, many of the party Defendants are governmental entities and the party Defendants 5 6 7 8 9 10 that are being sued in their individual capacity work for governmental agencies. Due the multiple Defendants in this case, it is expected that both written discovery and depositions will require more than three months to complete1. It is also important for Plaintiff to complete a significant portion of this discovery to help Plaintiff determine if an expert will be needed (and which one) to attempt to prove Plaintiff’s claims; the same can be said for Defendants’ defenses. Lastly, the parties 11 anticipate a large round of dispositive motions to be filed by Defendants. The determination of 12 these motions will tailor the discovery needs of the parties moving forward. An extended discovery 13 schedule would accommodate these motions as well. As such, the above request is made for a 14 special discovery order. 15 16 … 17 … 18 … 19 … 20 … 21 … 22 … 23 24 25 … … … 26 27 28 1 Even if these discovery tasks were completed by March 15, 2024, that would provide no time for a determination to be made for experts as usually this process begins no later than 60 days prior to the deadline due to the report requirement for experts. PAGE 6 OF 8 1 2 3 IT IS SO STIPULATED 4 5 6 WOOLDRIDGE LAW LTD. OFFICE OF THE GENERAL COUNSEL 7 8 /s/ Nicholas M. Wooldridge, Esq. /s/ David R. Hall, Esq. 9 Nicholas M. Wooldridge, Esq. Nevada Bar No.: 8732 400 S. 7th Street, Suite 400 Las Vegas, Nevada 89101 Attorney for Plaintiff David R. Hall, Esq. Nevada Bar No.: 6333 5100 W. Sahara Avenue Las Vegas, Nevada 89146 Attorney for Defendants 10 11 12 13 14 IT IS SO ORDERED. 15 16 . 17 18 19 _________________________________ UNITED STATES MAGISTRATE JUDGE Date: January 4, 2024 20 21 22 23 24 25 26 27 28 PAGE 7 OF 8
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