Reynolds et al v. Wal-Mart Transportation, LLC et al, No. 2:2023cv02020 - Document 31 (D. Nev. 2024)
Court Description: ORDER granting 30 Discovery Plan and Scheduling Order. Discovery due by 10/10/2024. Motions due by 11/11/2024. Proposed Joint Pretrial Order due by 12/11/2024. Signed by Magistrate Judge Brenda Weksler on 2/22/2024. (Copies have been distributed pursuant to the NEF - CAH)
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Reynolds et al v. Wal-Mart Transportation, LLC et al 1 2 3 4 5 6 7 8 9 Doc. 31 Alex J. De Castroverde, Esq. Nevada Bar No. 6950 Orlando De Castroverde, Esq. Nevada Bar No. 7320 Kimberly Valentin Nevada Bar No. 12509 Millie Mummery Nevada Bar No. 16594 DE CASTROVERDE LAW GROUP 1149 S. Maryland Parkway Las Vegas, Nevada 89104 Phone: (702) 964-1749 Facsimile: (702) 383-8741 Email: Millie@decastroverdelaw.com Attorney for Plaintiffs 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 PHILIP ROBERT REYNOLDS, JOHN BRIGHAM LAWSON, DISCOVERY PLAN AND SCHEDULING ORDER Plaintiff, 14 15 v. 16 WAL-MART TRANSPORTATION, LLC; MICHAEL MURRY; DOES I-X, inclusive, and ROE CORPORATIONS I-X, inclusive, 17 18 CASE NO.: 2:23-cv-02020-APG-BNW SPECIAL SCHEDULING REVIEW REQUESTED Defendant. 19 20 21 Pursuant to Local Rule 26-1(b), the parties submit their proposed Discovery Plan and Scheduling Order. Deadlines that fall on a Saturday, Sunday, or legal holidays have 22 23 been scheduled for the next judicial day. 24 1. Meeting: Pursuant to FRCP Rule 26(f), a meeting was held on January 25, 2024 25 and was attended by Millie Mummery, Esq. of DE CASTROVERDE LAW GROUP for 26 Plaintiff and Bruce Dickinson, Esq. of the THORNDAL ARMSTRONG, PC for Defendant. 27 28 Page 1 of 5 Dockets.Justia.com 1 2. Pre-Discovery Disclosures: Pursuant to FRCP Rule 26(a)(1), the parties will 2 make their pre-discovery disclosures, including but not limited to any Computation(s) of 3 damages, required pursuant to FRCP 26(a)(i)(A)(iii), by February 2, 2024. Plaintiff is to 4 provide Defendant signed authorizations within thirty days of being served upon Plaintiff. 5 6 3. Areas of Discovery: The parties agree that the areas of discovery should include, 7 but not be limited to: all claims and defenses allowed pursuant to the Federal Rules of 8 Civil Procedure. 9 4. 10 The parties request Special Scheduling Review. Additional time is needed to prepare for litigation and participate in Rule 30(b)(6) depositions that may be 11 12 necessary. The parties anticipates needing more time for discovery because they were 13 pending the court’s decision on the motion to remand until January 17, 2024, there are 14 multiple plaintiffs, and an additional defendant (the newly identified driver) is going to be 15 added to the case through an amended complaint. 16 5. Discovery Plan: 17 18 A. The parties propose the following discovery plan: 19 1. Discovery cut off: October 10, 2024 20 2. Filing motions to amend: July 10, 2024 3. Initial expert disclosure: July 10, 2024 4. Rebuttal expert disclosure: August 9, 2024 5. Dispositive motions: November 11, 2024 21 22 23 24 25 B. Amending the Pleadings and Adding Parties: The parties shall have until 26 July 10, 2024, to file any motions to amend the pleadings to add parties. This is 92 days 27 before the discovery cut-off date. 28 Page 2 of 5 1 C. FRCP 26(a)(2) Disclosure of Experts: Disclosure of experts shall proceed 2 according to FRCP Rule 26(a)(2) and LR 26-1(e)(3) as follows: The disclosures of experts 3 and their initial reports shall occur on or before July 10, 2024. The disclosure of rebuttal 4 experts and their initial reports shall occur on or before August 9, 2024.These deadlines 5 6 7 8 9 10 are 92 and 62 days before the discovery cut-off date, respectively. D. Interim Status Report: The parties shall file the interim status report by August 12, 2024, 60 days before the discovery cut-off date, as required by LR 26-3. E. Dispositive Motions: The parties shall have until November 11, 2024 to file dispositive motions. This is 31 days after the discovery cut-off date, as required by 11 12 LR-26-1 (b)(4). 13 F. Pre-Trial Order: The parties will prepare a Consolidated Pre-Trial Order 14 on or before December 11, 2024, which is not more than 30 days after the date set for 15 filing dispositive motions in the case, as required by LR 26-1 (b)(4). This deadline will be 16 suspended if dispositive motions are timely filed until 30 days after the decision of the 17 18 19 20 21 dispositive motions or until further order of the Court. The disclosure required by FRCP Rule 26(a)(3), and objections thereto, shall be made in the pre-trial order. G. If the Court has questions regarding the dates proposed by the parties, the parties request a conference with the Court before entry of the Scheduling Order. If 22 23 the Court does not have questions, the parties do not request a conference with the Court. 24 H. Extensions or Modifications of the Discovery Plan and Scheduling Order: 25 LR 26-4 governs modifications or extensions of this Discovery Plan and Scheduling 26 Order. Any stipulation or motion to extend a deadline set forth in the discovery plan and 27 scheduling order must be made no later than 21 days before the subject deadline. Any 28 Page 3 of 5 1 2 stipulation or motion to extend the discovery cut-off period must be made no later than September 19, 2024, 21 days before the discovery cut-off date. 3 4 I. Format of Discovery: Pursuant to the electronic discovery amendments to the Federal Rules of Civil Procedure effective December 1, 2006, the parties addressed 5 6 the e-discovery issues pertaining to the format of discovery at the Rule 26(f) conference. 7 The parties do not anticipate discovery of native files or metadata at this time, but each 8 party reserves the right to make a showing for the need of such electronic data as 9 discovery progresses. The parties certify that they may present evidence in electronic 10 format to jurors for the purposes of jury deliberation in compliance with the Court’s 11 12 electronic jury evidence display system. 13 /// 14 /// 15 /// 16 /// 17 18 /// 19 /// 20 /// 21 /// 22 23 /// 24 25 26 27 28 Page 4 of 5 1 J. Mediation: The parties discussed possible mediation after some 2 discovery is completed, as required by LR 26-1(b)(7). The parties also discussed the 3 possibility of trial by magistrate judge, as required by LR-26-1(b)(8). 4 5 6 7 DATED this 21st day of February, 2024. DATED this 21st day of February, 2024 DE CASTROVERDE LAW GROUP THORNDAL ARMSTRONG By: /s/Millie Mummery Kimberly Valentin Nevada Bar No. 12509 Millie Mummery Nevada Bar No. 16594 1149 S. Maryland Pkwy Las Vegas, NV 89104 Attorneys for Plaintiff By: /s/Bruce Dickinson Bruce Dickinson, Esq. Nevada Bar No. 2297 1100 E. Bridger Ave Las Vegas, NV 89101 Attorney for Defendant 8 9 10 11 12 13 14 15 16 17 IT IS SO ORDERED: _________________________________ UNITED STATES MAGISTRATE JUDGE 18 19 DATED:_____________________ 2/22/2024 20 21 22 23 24 25 26 27 28 Page 5 of 5 Solange Cardenas From: Sent: To: Cc: Subject: Bruce S. Dickinson <bsd@thorndal.com> Wednesday, February 21, 2024 2:35 PM Solange Cardenas; Star Farrow-Plewnarz Krisanne Steele-Fetcho; Millie Mummery; Kimberly Valentin; Patricia Anaya Navas RE: WM adv Reynolds Discovery Scheduling Order CAUTION: This email originated from outside of the organization. Be cautious when opening attachments or clicking links. I am good with the Discovery Scheduling Order. Ok to e-sign for me and submit to the court. Bruce From: Solange Cardenas <Solange@dlgteam.com> Sent: Wednesday, February 21, 2024 2:09 PM To: Bruce S. Dickinson <bsd@thorndal.com>; Star Farrow-Plewnarz <sfp@thorndal.com> Cc: Krisanne Steele-Fetcho <ksf@thorndal.com>; Millie Mummery <Millie@dlgteam.com>; Kimberly Valentin <kimberly@dlgteam.com>; Patricia Anaya Navas <Patricia@dlgteam.com> Subject: RE: WM adv Reynolds Discovery Scheduling Order Good a ernoon Counsel, Please see the revised Discovery Plan and Scheduling Order here a ached for your review. Let us know if this version is approved to be submi ed for Court’s review. Thank you! Solange Cardenas Case Manager Solange@dlgteam.com P 702.222.9999 | dlgteam.com F 702.383.8741 DOWNTOWN LAS VEGAS 1149 S. Maryland Pkwy Las Vegas, NV 89104 TIVOLI VILLAGE SUMMERLIN 410 S. Rampart Blvd, Ste 480 Las Vegas, NV 89145 HENDERSON 9555 S. Eastern Ave, Ste 200 Las Vegas, NV 89123 RENO 275 Hill St, Ste 300 Reno, NV 89501 SAN FRANCISCO BAY AREA 1111 Broadway, Ste 300 Oakland, CA 94607 AUSTIN 801 Barton Springs Rd Austin, TX 78704 1
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