Nelson et al v. Willden et al, No. 2:2013cv00050 - Document 62 (D. Nev. 2014)

Court Description: ORDER Granting, as amended, 59 Motion to Extend Deadlines. Discovery due by 1/28/2015. Motions due by 2/27/2015. Proposed Joint Pretrial Order due by 3/27/2015. Signed by Magistrate Judge Cam Ferenbach on 5/9/14. (Copies have been distributed pursuant to the NEF - MMM)
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Nelson et al v. Willden et al Doc. 62 Case 2:13-cv-00050-GMN-VCF Document 59 Filed 04/22/14 Page 1 of 7 1 2 3 4 5 6 7 8 9 10 11 PETER S. CHRISTIANSEN, ESQ. Nevada Bar No. 5254 EGLET WALL CHRISTIANSEN 400 Seventh Street, Suite 400, Box 1 Las Vegas, Nevada 89101 Telephone: (702) 450-5400 Facsimile: (702) 450-5451 Attorneys for Natalie Nelson as legal guardian of minor child Alexander L. -&MARC A. SAGGESE, ESQ. Nevada Bar No. 7166 SAGGESE & ASSOCIATES, LTD. 732 S. Sixth Street, Suite 201 Las Vegas, Nevada 89101 Telephone: (702) 778-8883 Facsimile: (702) 778-8884 Attorneys for all Plaintiffs 12 13 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NATALIE NELSON, individually and as natural mother and legal guardian of minor child Alexander L.; RICHARD E. NELSON, maternal grandfather of Alexander L.; CATHERINE R. NELSON, maternal grandmother of Alexander L.; ) ) ) ) CASE NO.: 2:13-CV-00050 ) ) ) JOINT MOTION TO AMEND DISCOVERY PLAN AND SCHEDULING ORDER ) (SECOND REQUEST) ) Plaintiffs, ) vs. ) MICHAEL WILLDEN, Director of the ) Nevada Department of Health and Human ) Services; AMBER HOWELL, Administrator ) of the Nevada Division of Child and Family ) Services; DONALD BURNETTE, Clark ) County Manager; CLARK COUNTY; LISA ) RUIZ-LEE, Director of Clark County ) Department of Family Services; DOES I-X, ) inclusive; DOES XI-XX, inclusive; ) ) Defendants. ) Dockets.Justia.com Case 2:13-cv-00050-GMN-VCF Document 59 Filed 04/22/14 Page 2 of 7 1 The above-named parties, by an through their respective counsel of record, hereby move 2 this Honorable Court to Amend the Discovery Plan and Scheduling Order in this matter and state 3 as follows: 4 A. Meeting. Pursuant to Fed. R.Civl P. 26(f) and LR 26 26-1(a), the parties a 5 6 meeting was held on April 9, 2014 and was attended by: 7 1. Peter S. Christiansen, Esq., for Plaintiffs; 8 2. Shannon C. Richards, Esq., for Defendants Amber Howell and Michael Wilden 9 3. Felicia Galati, Esq., for Defendants Donald Burnette, Clark County, and Lisa 10 Ruiz-Lee. 11 12 13 14 15 16 B. Pre-Discovery Disclosures. The parties exchanged initial disclosures on or about Thursday, April 4, 2013, pursuant to FRCP 26(f)(6). C. Discovery Plan. On March 27, 2013, this Court entered an order approving the parties Discovery Plan and Scheduling Order (#19). Thereafter, the parties engaged in some written discovery and made other disclosures in this case. On October 2, 2013, this Court stayed 17 18 discovery, pursuant to a stipulation of the parties, in part, to allow the parties to engage in 19 settlement negotiations. On January 22, 2014, the parties attended a settlement conference 20 before Magistrate Judge Nancy Koppe (#43). Unfortunately, the parties were not able to resolve 21 this matter. Id. Accordingly, on that same date, this case was returned to the normal litigation 22 23 24 25 26 27 track. Id. The parties submitted an Amended Discovery Plan (#45) which was approved by this Court and filed January 30, 2014. On February 12, 2014, the Court granted Defendant Howell and Wilden’s Motion to Dismiss (#13) as to those Defendants and order that Plaintiffs file an amended complaint within 14 days of the date of the Order. On February 26, 2014, Peter S. Christiansen of Eglet Wall 28 2 Case 2:13-cv-00050-GMN-VCF Document 59 Filed 04/22/14 Page 3 of 7 1 Christiansen filed a Notice of Association of Counsel as for Plaintiff Natalie Nelson as legal 2 guardian of minor child Alexander L (#47) and on the same date Plaintiffs filed their First 3 Amended Complaint (#48). On March 18, 2014, Defendants Howell and Wilden filed a Motion 4 to Dismiss Amended Complaint (#54). 5 6 7 8 9 10 Since the filing of the original complaint in this case the parties have engaged in the following discovery: 1. On June 14, 2013, Defendant Clark County served requests for admission on Richard Nelson, Catherine Nelson and Natalie Nelson respectively. 2. On June 14, 2013, Defendant Clark County served interrogatories and request for 11 12 13 14 15 16 production of documents on Richard Nelson, Catherine Nelson and Natalie Nelson respectively. 3. On July 18, 2013, Defendant Clark County served second sets of interrogatories on Richard Nelson, Catherine Nelson and Natalie Nelson respectively. 4. On July 18, 2013, Defendant Clark County served second requests for admission 17 18 19 20 21 on Richard Nelson and Catherine Nelson respectively. 5. On July 22, 2013, Plaintiffs’ served their first sets of interrogatories and request for production of documents on Clark County, Lisa Ruiz-Lee and Donald Burnette respectively. 22 23 6. On August 15, 2013, Defendants Michael Willden and Amber Howell served 24 their first set of interrogatories and request for production on Natalie Nelson. 25 7. On August 29, 2013, Defendant Clark County served third sets of interrogatories 26 on Richard Nelson, Catherine Nelson and Natalie Nelson respectively. 27 28 3 Case 2:13-cv-00050-GMN-VCF Document 59 Filed 04/22/14 Page 4 of 7 1 8. On March 21, 2014, Plaintiff Natalie Nelson served her first request for 2 production of documents on Defendants Clark County, Donald Burnette and Lisa 3 Ruiz-Lee. 4 9. On March 21, 2014, Plaintiff Natalie Nelson served her first request for 5 6 7 8 9 10 production of documents on Defendants Michael Willden and Amber Howell. 10. On March 21, 2014, Plaintiff Natalie Nelson served her first set of interrogatories on Defendant Michael Willden. 11. On March 21, 2014, Plaintiff Natalie Nelson served her first set of interrogatories on Defendant Amber Howell. 11 12 13 14 15 16 12. On March 21, 2014, Plaintiff Natalie Nelson served her second set of interrogatories on Defendant Lisa Ruiz-Lee. 13. On April 2, 2014, Plaintiff Natalie Nelson served her second set of requests for production of documents on Defendants Michael Willden and Amber Howell. Counsel have been working diligently to secure workable dates for depositions of the 17 18 19 20 21 parties and witnesses in the matter, including Defendant Howell. However, Defendant Howell is on maternity leave until mid-June 2014. The parties have communicated and propose the following discovery plan so that they can engage in and complete discovery to be adequately prepared for trial: 22 23 1. Discovery will be needed regarding the following subjects: 24 a. Claims set forth in the First Amended Complaint 25 b. Defenses relevant to the causes of action 26 c. Any counterclaims, cross-claims and/or third-party complaints that 27 may be filed by the Defendants that have not yet answered. 28 4 Case 2:13-cv-00050-GMN-VCF Document 59 Filed 04/22/14 Page 5 of 7 2. Discovery Cut-Off Date(s). Discovery will take 280 days to be completed. 1 Therefore, all discovery shall be completed on or before January 28, 2015. 2 3 3. Fed.R.Civ.P. 26(a)(2) Disclosures (Experts). Disclosure of experts shall 4 proceed according to Fed.R.Civ.P. 26(a)(2), except that: 5 a. The initial disclosure of experts and expert reports shall occur on 6 7 November 28, 2014, which is 60 days before the discovery cut-off 8 date; and 9 b. The disclosure of rebuttal experts and their reports shall occur on 10 December 29, 2015 which is thirty (30) days before the discovery cut- 11 off date. 12 13 14 D. Other Items. 1. Amending the Pleadings and Adding Parties. The parties shall have until 15 October 30, 2014 to file any motions to amend the pleadings or to add parties 16 as pursuant to LR-26(2), which is not later than ninety (90) days prior to the 17 close of discovery. 18 19 2. Interim Status Report. The parties shall file the interim status report required 20 by LR 26-3, by November 28, 2014. Undersigned counsel certify that they 21 have read LR 26-3 and that this date is not later than sixty (60) days before the 22 discovery cut-off date. 23 24 3. Dispositive Motions. The parties shall have until February 27, 2015, to file 25 dispositive motions. This is thirty (30) days after the discovery cut-off date 26 and does not exceed the outside limit of thirty (30) days following the 27 discovery cut-off date that LR 26-1(e)(4) presumptively sets for filing 28 5 Case 2:13-cv-00050-GMN-VCF Document 59 Filed 04/22/14 Page 6 of 7 dispositive motions. 1 4. Pretrial Order. The pretrial order shall be filed by March 27, 2015, which is 2 3 not more than thirty (30) days after the date set for filing dispositive motions 4 in the case. In the event dispositive motions are filed, the date set for filing the 5 joint pretrial order shall be suspended until thirty (30) after the decision of the 6 7 dispositive motions or further order of the court. The disclosures required by 8 Fed. R.Civ.P. 26E(5) shall be made in the joint pretrial order. 9 5. Later Appearing Parties. A copy of this discovery plan and scheduling order 10 shall served on any person served after it is entered or, if additional 11 defendants should appear, within five (5) days of their first appearance. This 12 13 discovery plan and scheduling order shall apply to such later-appearing 14 party(ies), unless the Court, on motion and for good cause shown, orders 15 otherwise. 16 6. Extensions or modifications of the Discovery Plan and Scheduling Order. LR 17 26-4 governs modifications or extensions of this discovery plan and 18 scheduling order. Any stipulation or motion must be made not later than 21 expiration of the subject deadline twenty (20) days before the discovery cut-off date and comply fully with LR 19 20 21 26-4. 22 23 ... 24 ... 25 ... 26 ... 27 ... 28 6 Case 2:13-cv-00050-GMN-VCF Document 59 Filed 04/22/14 Page 7 of 7 1 2 3 4 5 6 7 8 Respectfully submitted on this 22nd day of April, 2014. EGLET WALL CHRISTIANSEN SAGGESE & ASSOCIATES, LTD. /s/ Peter S. Christiansen /s/ Marc A. Saggese By_________________________________ By_________________________________ PETER S. CHRISTIANSEN, ESQ. MARC A. SAGGESE, ESQ. Nevada Bar No. 5254 Nevada Bar No. 7166 400 Seventh Street, Suite 400, Box 1 732 S. Sixth Street, Suite 201 Las Vegas, Nevada 89101 Las Vegas, Nevada 89101 Attorneys for Natalie Nelson as legal Attorneys for all Plaintiffs guardian of minor child Alexander L. 9 10 OLSON, CANNON, GORMLEY ANGULO & STOBERSKI NEVADA ATTORNEY GENERAL CATHERINE CORTEZ-MASTO, ESQ. 11 12 13 14 15 16 17 18 /s/ Felicia Galati /s/ Shannon C. Richards By_________________________________ By_________________________________ WALTER R. CANNON, ESQ. SHANNON C. RICHARDS, ESQ. Nevada Bar No. 1505 Nevada Bar No. 9660 FELICIA GALATI, ESQ. Deputy Attorney General Nevada Bar No. 7341 555 E. Washington Avenue, Suite 3900 9950 W. Cheyenne Avenue Las Vegas, NV 89101 Las Vegas, NV 89129 Attorney for Defendants Attorneys for Defendants Donald Michael Willden and Amber Howell Burnette, Lisa Ruiz-Lee and Clark County 19 20 21 22 23 24 25 5-9-2014 26 27 28 7