Borenstein v. The Animal Foundation et al, No. 2:2019cv00985 - Document 232 (D. Nev. 2021)
Court Description: ORDER granting 231 Stipulation - Discovery due by 9/12/2022. Motions due by 10/12/2022. Proposed Joint Pretrial Order due by 11/14/2022. Signed by Magistrate Judge Daniel J. Albregts on 11/23/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Borenstein v. The Animal Foundation et al Doc. 232 Case 2:19-cv-00985-APG-DJA Document 231 Filed 11/22/21 Page 1 of 8 1 2 3 4 5 6 7 8 9 10 11 RAELENE K. PALMER, ESQ. Nevada Bar No. 8602 THE PALMER LAW FIRM, P.C. 5550 Painted Mirage Road Suite 320 Las Vegas, Nevada 89149 Phone: (702) 952-9533 Email: rpalmer@plflawyers.com Attorney for Plaintiff Brian Borenstein ROBERT S. MELCIC Nevada Bar No. 14923 4930 Mar Vista Way Las Vegas, Nevada 89121 Phone: (702) 526-4235 Fax: (702) 386-1946 Email: robertmelcic@gmail.com Attorney for Plaintiff Brian Borenstein 12 13 14 15 UNITED STATES DISTRICT COURT 16 DISTRICT OF NEVADA 17 BRIAN BORENSTEIN, an individual, 18 Plaintiff, Case No.: 2:19-cv-00985-APG-DJA AMENDED STIPULATION AND [PROPOSED] ORDER TO AMEND SCHEDULING ORDER 19 20 vs. 21 THE ANIMAL FOUNDATION, a domestic nonprofit corporation; et al. (First Request) 22 23 Defendants. 24 25 COME NOW Plaintiff, Brian Borenstein, by and through his counsel, Raelene K. 26 Palmer, Esq. of The Palmer Law Firm, P.C., and Robert S. Melcic, Esq., and Defendants, The 27 Animal Foundation and Carly Scholten, by and through their counsel, Kerry E. Kleiman, Esq., 28 of the law firm Reid Rubinstein & Bogatz, County of Clark and Victor Zavala, by and through -1Dockets.Justia.com Case 2:19-cv-00985-APG-DJA Document 231 Filed 11/22/21 Page 2 of 8 1 their counsel, Jonathan D. Blum, Esq., of the law firm Wiley Petersen, and Sunrise Hospital and 2 Medical Center, by and through its counsel, Joshua M. Dickey, Esq., of the law firm Bailey 3 Kennedy, and herein file their Amended Stipulation and Proposed Order to Amend Scheduling 4 Order (First Request). I. 5 6 STIPULATION A. Recitals 7 1. WHEREAS this is the first stipulation for extension of time to amend the Scheduling 8 Order, (including to extend the discovery cut-off and deadlines calculated or 9 triggered by the discovery cut-off, i.e., expert-disclosure deadlines, rebuttal-expert- 10 disclosure deadlines, dispositive-motion deadlines, and Joint-Pretrial-Order 11 deadlines); 12 2. WHEREAS this stipulation for modification of the Scheduling Order is filed prior to 13 the running of the deadlines affected by this stipulation (discovery cut-off, expert- 14 disclosure 15 deadlines, and Joint-Pretrial-Order deadlines); 16 17 18 deadlines, • • • Plaintiff’s Request for Production of Documents to Defendant Clark County (Set No. 1, Nos. 1-3); • Plaintiff’s Request for Production of Documents to Defendant Sunrise Hospital and Medical Center (Set No. 1, Nos. 1-4); • Plaintiff’s First Set of Interrogatories to Defendant The Animal Foundation (Set No. 1, Nos. 1); 27 28 Plaintiff’s Request for Production of Documents to Defendant The Animal Foundation (Set No. 1, Nos. 1-3); 25 26 Plaintiff’s Initial Disclosures, under Rule 26, producing documents bates stamped PLF00001-00206; 23 24 dispositive-motion a. Plaintiff’s Discovery: 21 22 deadlines, 3. WHEREAS the parties have conducted written discovery, as follows: 19 20 rebuttal-expert-disclosure • Subpoena to Produce Documents, Information, or Objects in a Civil -2- Case 2:19-cv-00985-APG-DJA Document 231 Filed 11/22/21 Page 3 of 8 1 Action to Defendant Sunrise Hospital and Medical Center (Item Nos. 2 1-5); 3 • (Revised) Subpoena to Produce Documents, Information, or Objects 4 in a Civil Action to Defendant Sunrise Hospital and Medical Center 5 (Item Nos. 1-4); 6 • Plaintiff’s Response to Defendant The Animal Foundation’s First Set 7 of Requests for Production of Documents (Nos. 1-27); producing 8 documents bates stamped PLF00207-00223; 9 10 b. Defendant The Animal Foundation • Defendants The Animal Foundation and Carly Scholten’s Initial 11 Disclosures, under Rule 26, producing documents bates stamped 12 TAF000001-000131; 13 • of Requests for Production of Documents; 14 15 Defendant The Animal Foundation’s Responses to Plaintiff’s First Set • Defendant The Animal Foundation’s Responses to Plaintiff’s First Set 16 of Interrogatories; 17 c. Defendant Carly Scholten 18 • Defendants The Animal Foundation and Carly Scholten’s Initial 19 Disclosures, under Rule 26, producing documents bates stamped 20 TAF000001-000131; 21 22 d. Defendant County of Clark • producing documents bates stamped CC 000001-000565; 23 24 Defendant County of Clark’s Initial Disclosures, under Rule 26, • Defendant County of Clark’s Response to Plaintiff’s Request for 25 Production of Documents, producing documents bates stamped CC 26 000001-000101; 27 28 e. Defendant Sunrise Hospital and Medical Center, LLC • Sunrise Hospital and Medical Center, LLC’s Response to Plaintiff’s -3- Case 2:19-cv-00985-APG-DJA Document 231 Filed 11/22/21 Page 4 of 8 1 (Revised) Subpoena to Produce Documents, Information, or Objects 2 in 3 SUNRISE000001-000914; 4 a Civil Action; producing documents bates stamped 4. WHEREAS discovery could not be completed within the time limits set by the current discovery plan, as set forth as follows: 5 6 a. Plaintiff filed a Second Amended Complaint (“SAC”) on August 23, 2021; 7 b. Defendant Sunrise Hospital and Medical Center, LLC filed a Motion to Dismiss SAC, which was fully briefed on October 26, 2021; 8 c. Defendants, County of Clark and Victor Zavala, filed a Motion to Dismiss 9 SAC, which was fully briefed on October 12, 2021; 10 11 d. Defendants, The Animal Foundation and Carly Scholten, filed a Motion to 12 Dismiss SAC & Renewed Special Anti-SLAPP Motion to Dismiss Under NRS 13 41.637, which was fully briefed on November 12, 2021; 14 e. The Court’s ruling on the motions will impact the claims and defenses of the 15 defendants who remain the litigation; as such, with the claims and defenses 16 still in flux, the parties have not begun taking depositions and conducting 17 additional written discovery; 1 18 f. It is anticipated that the surviving parties will want to participate in any 19 depositions that might be taken against the currently named parties, such that 20 it would not be prudent to schedule those depositions at this time; and 21 g. The parties still need to provide, supplement, and/or amend their initial 22 disclosures, conduct more written discovery, and take the depositions of all 23 witnesses, including any expert witnesses who might be disclosed; 24 5. WHEREAS the current Scheduling Order (ECF No. 147) requires that discovery 25 must end not later than Friday, March 11, 2022, but this deadline will need to be 26 extended; 27 28 1 The parties are not seeking to stay discovery. However, Sunrise Hospital and Medical Center, LLC reserves its right to move to stay discovery, and the other parties do not waive their rights to join or oppose any such motion. -4- Case 2:19-cv-00985-APG-DJA Document 231 Filed 11/22/21 Page 5 of 8 1 6. WHEREAS the following deadlines are based on or triggered by the discovery-cut- 2 off, and will also need to be extended: (a) the amending of any pleadings and the 3 adding of any parties; (b) the making of any expert disclosures and rebuttal expert 4 disclosures; (c) the filing of any dispositive motions; and (d) the filing of a joint 5 pretrial order. 6 B. Proposed Schedule for Completing Remaining Discovery 7 THEREFORE, the parties herein stipulate to jointly petition the Court, and they hereby 8 do, to amend the Scheduling Order, by adding six (6) months to the Discovery Cut-Off deadline 9 that is currently in effect and the deadlines triggered by the close of discovery, such that: 10 1. The Discovery Cut-Off shall be extended by six months, from Friday, March 11, 2022, to Monday, September 12, 2022; 2 11 12 2. The Deadline to Amend the Pleadings and Add Parties shall be extended from 13 Monday, December 13, 2021, to ninety (90) days prior to the proposed, extended 14 close of discovery, which date is Tuesday, June 14, 2022; 15 3. The Deadline for the Disclosure of Direct Experts shall be extended from Monday, 16 January 10, 2022, to sixty (60) days prior to the proposed, extended close of 17 discovery, which date is Thursday, July 14, 2022; 18 4. The Deadline for the Disclosure of Rebuttal Experts shall be extended such that the 19 disclosure of rebuttal experts and their reports shall occur within thirty (30) days 20 after the date on which the corresponding primary or direct expert disclosures are 21 made, as before; i.e., the rebuttal expert deadline shall be extended from the latest 22 possible date of Wednesday, February 9, 2022, to the latest possible date of 23 Monday, August 15, 2022; 3 24 25 26 2 Six months after March 11, 2022, will occur on Sunday, September 11, 2022. Pursuant to FRCP 6(a)(1)(C), this deadline rolls forward until the next court business day, which is the date cited here, Monday, September 12, 2021. 3 27 28 The thirtieth day after the proposed primary or direct expert disclosure deadline will occur on August 13, 2022, which is a Saturday. Pursuant to FRCP 6(a)(1)(C), this deadline rolls forward until the next court business day, which is the date cited here, Monday, August 15, 2022. -5- Case 2:19-cv-00985-APG-DJA Document 231 Filed 11/22/21 Page 6 of 8 1 5. The Deadline to file Dispositive Motions shall be extended from Monday, April 11, 2 2022, to thirty (30) days after the proposed, extended date for the close of discovery, 3 which date is Wednesday, October 12, 2022; and 4 6. The Deadline to file a Joint Pretrial Order shall be extended from Wednesday, May 5 11, 2022, to thirty (30) days after the proposed, extended date for filing dispositive 6 motions, which date is Monday, November 14, 2022, 4 or thirty (30) days after the 7 Court issues its order ruling on the final dispositive motion(s), if any. 8 In compliance with Local Rule (“LR”) IA 6-1, the reasons for requesting the extension 9 of time for the deadlines of an amended scheduling order are stated supra, at § I (A), ¶¶ 3-12, 10 and good cause is provided, therefor, in accordance with LR 26-3. This is the first request for 11 such an extension of time, and this stipulation is not offered for any dilatory or improper 12 purpose. 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 4 27 28 The thirtieth day after the proposed extended date for filing dispositive motions will occur on November 11, 2022, which is a Friday, as well as a holiday. Pursuant to FRCP 6(a)(1)(C), this deadline rolls forward until the next court business day, which is the date cited here, Monday, November 14, 2022. -6- Case 2:19-cv-00985-APG-DJA Document 231 Filed 11/22/21 Page 7 of 8 1 DATED this 22nd day of November 2021. DATED this 22nd day of November 2021. 2 THE PALMER LAW FIRM, P.C. REID RUBINSTEIN & BOGATZ 3 Electronic Signature Authorized Electronic Signature Authorized 4 By: / s / Raelene K. Palmer _____ Raelene K. Palmer, Esq. State Bar No. 8602 5550 Painted Mirage Road, Suite 320 Las Vegas, Nevada 89149 (702) 952-9533 rpalmer@plflawyers.com Attorneys for Plaintiff, Brian Borenstein By: / s / Kerry E. Kleiman ______ Kerry E. Kleiman, Esq. State Bar No. 14071 300 S. Fourth Street, Suite 830 Las Vegas, Nevada 89101 (702) 776-7000 kkleiman@rrblf.com Attorneys for Defendants, The Animal Foundation and Carly Scholten 10 DATED this 22nd day of November 2021. DATED this 22nd day of November 2021. 11 WILEY PETERSEN BAILEY KENNEDY 12 Electronic Signature Authorized Electronic Signature Authorized 13 By: / s / Jonathan D. Blum _____ Jonathan D. Blum, Esq. State Bar No. 9515 1050 Indigo Drive, Suite 200B Las Vegas, Nevada 89145 (702) 910-3329 jblum@wileypetersenlaw.com Attorneys for Defendants, County of Clark and Victor Zavala By: / s / Joshua M. Dickey _____ Joshua M. Dickey, Esq. State Bar No. 6621 8984 Spanish Ridge Avenue Las Vegas, Nevada 89148-1302 (702) 562-8820 jdickey@baileykennedy.com Attorneys for Defendant, Sunrise Hospital and Medical Center, LLC 5 6 7 8 9 14 15 16 17 18 ORDER 19 20 THE COURT, having considered the preceding Stipulation and GOOD CAUSE 21 appearing therefor, GRANTS the Stipulation. IT IS HEREBY ORDERED that the Scheduling 22 Order shall be modified as follows: 23 24 25 26 27 28 1. The Discovery Cut-Off shall be extended by six months, from Friday, March 11, 2022, to Monday, September 12, 2022; 2. The Deadline to Amend the Pleadings and Add Parties shall be extended from Monday, December 13, 2021, to Tuesday, June 14, 2022; 3. The Deadline for the Disclosure of Direct Experts shall be extended from Monday, January 10, 2022, to Thursday, July 14, 2022; -7- Case 2:19-cv-00985-APG-DJA Document 231 Filed 11/22/21 Page 8 of 8 1 2 3 4 5 6 4. The Deadline for the Disclosure of Rebuttal Experts shall be extended from Wednesday, February 9, 2022, to Monday, August 15, 2022; 5. The Deadline to file Dispositive Motions shall be extended from Monday, April 11, 2022, to Wednesday, October 12, 2022; and 6. The Deadline to file a Joint Pretrial Order shall be extended from Wednesday, May 11, 2022, to Monday, November 14, 2022. 7 8 November 23 DATED: ______________________, 2021. IT IS SO ORDERED 9 10 ___________________________________ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8-
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