Gold v. Jewison et al, No. 2:2018cv01623 - Document 61 (D. Nev. 2019)
Court Description: ORDER Granting 60 Stipulation to Extend the Stay of Discovery pending Mediation. Joint Status Report due by 10/9/2019. Signed by Magistrate Judge Nancy J. Koppe on 9/3/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Gold v. Jewison et al 1 2 3 4 5 Doc. 61 PHILLIP R. EMERSON, ESQ. Nevada Bar No. 5940 EMERSON LAW GROUP 1055 Whitney Ranch Drive, Suite 120 Henderson, Nevada 89014 receptionist@emersonlawgroup.com Attorney for Defendant, PAUL A. JEWISON 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 ATTORNEYS AT LAW 1055 WHITNEY RANCH DRIVE, SUITE 120 HENDERSON, NEVADA 89014 TELEPHONE: (702) 384-9444 TELEFAX: (702) 384-9447 EMERSON LAW GROUP 8 9 10 11 12 13 14 15 16 DOUGLAS S. GOLD, an individual, ) ) Plaintiff, ) ) vs. ) ) PAUL A. JEWISON, an individual; ) DOES I - X; and ROE CORPORATIONS ) I - X, inclusive, ) ) Defendants. ) ) Case No. 2:18-CV-01623-APG-NJK STIPULATION AND ORDER TO EXTEND STAY OF DISCOVERY PENDING MEDIATION Defendant, PAUL A. JEWISON, by and through his counsel of record, and Plaintiff, DOUGLAS S. GOLD, by and through his counsel 17 of record, stipulate as follows: 18 1. This case arises from a jet ski accident that occurred on 19 20 August 28, 2016 in Dana Point, California. Plaintiff was operating 21 a SeaDoo GTI watercraft, in or about the area of Dana Point, 22 California. At or about that same date and time, Defendant was also 23 operating a SeaDoo GTI watercraft, in or about the area of Dana 24 Point, California. Plaintiff alleges that Defendant operated his 25 watercraft in an unsafe and unreasonable manner, so as to cause his 26 watercraft to strike Plaintiff’s watercraft with great force, which 27 Plaintiff alleges caused him significant and substantial damages. 28 1 Dockets.Justia.com 1 2. This matter has been extensively litigated. Discovery 2 completed to date include completed written discovery requests, 3 depositions of both parties, as well as the Independent Medical 4 Examination of Plaintiff. 5 3. To date, the parties have not engaged in any form of 6 ATTORNEYS AT LAW 1055 WHITNEY RANCH DRIVE, SUITE 120 HENDERSON, NEVADA 89014 TELEPHONE: (702) 384-9444 TELEFAX: (702) 384-9447 EMERSON LAW GROUP 7 alternative dispute resolution or otherwise shared meaningful 8 settlement discussions. However, both parties agree that the case 9 has reached a juncture in which substantive settlement discussion 10 may result in the complete resolution of the case. To that end, the 11 parties previously agreed to and scheduled a private mediation with 12 Gregory T. Hafen on September 4, 2019. Neither party committed that 13 a settlement would be reached, but both parties attested that they 14 would enter into and participate in the mediation in good faith and 15 16 17 with sincere efforts to reach an agreement to resolve the case. 4. On August 26, 2019, Plaintiff served Plaintiff Douglas S. 18 Gold’s Second Supplemental Federal Rule of Civil Procedure 26(A) 19 Disclosure Statement. This disclosure included nearly 300 pages of 20 medical and billing records as well as an additional $87,185.63 in 21 claimed damages. 22 5. Due to the significant nature of this supplemental 23 24 disclosure nine days before the scheduled mediation, Defense 25 counsel requested an additional thirty (30) days to review and 26 evaluate 27 meaningful 28 Plaintiff’s claimed damages therein. the newly disclosed settlement information negotiations 2 based before on the engaging in amount of 1 2 3 6. The parties agreed to continue the September 4, 2019 mediation approximately 30 days. 7. The parties have agreed to and scheduled an updated date 4 for the private mediation with Gregory T. Hafen on October 2, 2019. 5 The parties cannot commit that a settlement would be reached, but 6 ATTORNEYS AT LAW 1055 WHITNEY RANCH DRIVE, SUITE 120 HENDERSON, NEVADA 89014 TELEPHONE: (702) 384-9444 TELEFAX: (702) 384-9447 EMERSON LAW GROUP 7 attest that they will enter into and participate in the mediation 8 in good faith and with sincere efforts to reach an agreement to 9 resolve the case. 10 8. Defendant agrees and stipulates to have a live person with 11 settlement authority on behalf of Defendant present at the above- 12 mentioned mediation. 13 9. To save the parties from the need to invest resources in 14 form of experts and other additional necessary discovery if the 15 16 case does not settle, the parties stipulate to extend the stay all 17 proceedings in this case pending the completion of mediation in 18 this case. 19 20 10. The applicable discovery deadlines prior to the current stay of discovery are as follows: 21 Amend pleadings/Add Parties: June 13, 2019 Initial Experts: July 12, 2019 Interim Status Report: July 12, 2019 22 23 24 25 Rebuttal Expert Designations: August 13, 2019 26 Discovery Cutoff: September 11, 2019 27 Dispositive Motions: October 11, 2019 28 Joint Pre-Trial Order: November 12, 2019 3 1 (or 30 days after resolution of dispositive motions) 2 11. “[T]he power to stay proceedings is incidental to the power 3 inherent in every court to control the disposition of the causes of 4 action on its docket with economy of time and effort for itself, 5 for counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 6 ATTORNEYS AT LAW 1055 WHITNEY RANCH DRIVE, SUITE 120 HENDERSON, NEVADA 89014 TELEPHONE: (702) 384-9444 TELEFAX: (702) 384-9447 EMERSON LAW GROUP 7 248, 254 (1936). “A trial court may, with propriety, find it is 8 efficient for its own docket and the fairest course for the parties 9 to enter a stay of an action before it, pending resolution of 10 independent 11 Certified Grocers of Cal., Ltd., 593 F.2d 857, 863 (9th Cir. 1979). 12 In deciding proceedings whether to which grant bear a upon stay, a the case.” court may Leyva weigh v. the 13 following: (1) the possible damage which may result from the 14 granting of a stay; (2) the hardship or inequity which a party may 15 16 suffer in being required to go forward; (3) the orderly course of 17 justice measured in terms of the simplifying or complicating of 18 issues, proof, and questions of law which could be expected to 19 result from a stay. CMAX, Inc. v. Hall, 300 F.2d 265, 268 (9th Cir. 20 1962). A district court's decision to grant or deny a Landis stay 21 is a matter of discretion. See Dependable Highway Exp., Inc. v. 22 Navigators Ins. Co., 498 F.3d 1059, 1066 (9th Cir. 2007). 23 24 12. The parties submit that an evaluation of the Landis factors 25 weigh in favor of extending the stay. The most compelling factor 26 weighing in favor of extending the stay is the good possibility 27 that a settlement could be reached at mediation. Should such a 28 4 1 settlement be reached, the case would be completely disposed of and 2 dismissed. 3 Additionally, issuing an order extending the stay pending the 4 outcome of mediation would save the parties from having to incur 5 additional, potentially unnecessary litigation costs. 6 ATTORNEYS AT LAW 1055 WHITNEY RANCH DRIVE, SUITE 120 HENDERSON, NEVADA 89014 TELEPHONE: (702) 384-9444 TELEFAX: (702) 384-9447 EMERSON LAW GROUP 7 13. The parties stipulate that once the mediation occurs on 8 October 2, 2019, they will file a joint status report within 14 9 days after the conclusion of the mediation to update the Court 10 regarding the outcome of the settlement discussions. If the case 11 resolves, the parties will promptly complete the necessary closing 12 documents and file a Stipulation and Order for Dismissal. If the 13 case does not settle, the parties will file a proposed Stipulation 14 and Order with amended discovery deadlines. 15 16 17 IT IS HEREBY STIPULATED: DATED this 3rd day of September, 2019. DATED this 3rd day of September, 2019. EMERSON LAW GROUP HALL JAFFE & CLAYTON /s/ Phillip R. Emerson _________________________ PHILLIP R. EMERSON, ESQ. Nevada Bar No. 5940 1055 Whitney Ranch Drive Suite 120 Henderson, Nevada 89014 /s/ Steven T. Jaffe __________________________ STEVEN T. JAFFE, ESQ. Nevada Bar No. 7035 7425 Peak Drive Las Vegas, Nevada 89128 18 19 20 21 22 23 24 25 26 27 28 5 1 ORDER 2 In accordance with the stipulation of the parties, the Court orders 3 as follows: 4 1. The current stay of discovery deadlines will be extended 5 pending mediation between the parties on October 2, 2019; 6 2. No later than October 9, 2019, the parties must file either ATTORNEYS AT LAW 1055 WHITNEY RANCH DRIVE, SUITE 120 HENDERSON, NEVADA 89014 TELEPHONE: (702) 384-9444 TELEFAX: (702) 384-9447 EMERSON LAW GROUP 7 8 a notice of settlement or an amended joint proposed discovery plan 9 and scheduling order regarding the deadlines that currently remain 10 open. 11 12 13 IT IS SO ORDERED. September 3, 2019 Dated: ________________________ 14 15 16 17 _______________________________________ UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 6
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