Lee v. MVW of Nevada, Inc., No. 2:2019cv01724 - Document 25 (D. Nev. 2020)
Court Description: ORDER granting 23 Stipulation to Extend Discovery Deadlines. Discovery due by 3/1/2021. Motions due by 4/1/2021. Signed by Magistrate Judge Nancy J. Koppe on 11/12/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Lee v. MVW of Nevada, Inc. Doc. 25 Case 2:19-cv-01724-RFB-NJK Document 23 Filed 11/10/20 Page 1 of 6 1 2 3 4 5 6 DANIEL S. SIMON, ESQ. Nevada Bar No. 4750 BENJAMIN J. MILLER, ESQ. Nevada Bar No. 10406 SIMON LAW 810 S. Casino Center Blvd. Las Vegas, NV 89101 Telephone: 702-364-1650 Facsimile: 702-364-1655 lawyers@simonlawlv.com Attorneys for Plaintiff 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 MICHAELA LEE, Plaintiff, 11 14 STIPULATION AND ORDER TO EXTEND DISCOVERY (60 DAYS) (THIRD REQUEST) v. 12 13 CASE NO.: 2:19-CV-01724-RFB-NJK MVW OF NEVADA, INC. d/b/a MARRIOTT'S GRAND CHATEAU; DOE EMPLOYEE; DOES II through V and ROE CORPORATIONS VI through X, inclusive, 15 Defendants. 16 17 Plaintiff MICHAELA LEE (“Plaintiff”), by and through her attorneys of record, Daniel S. 18 Simon, Esq., and Benjamin J. Miller, Esq., of the law firm SIMON LAW, and Defendant 19 MARRIOTT RESORTS HOSPITALITY CORP. (erroneously named as MVW of NEVADA, INC. 20 21 d/b/a MARRIOTT’S GRAND CHATEAU), by and through its attorneys of record JANICE M. MICHAELS, ESQ., ANALISE N.M. TILTON, ESQ., and KYLE J. HOYT, ESQ., of the law firm 22 23 24 25 WOOD, SMITH, HENNING & BERMAN LLP (collectively the “Parties”), hereby respectfully request and stipulate to a 60-day extension of all remaining deadlines pursuant to FRCP 26 as follows: 26 /// 27 28 LEGAL:05472-0479/14144046.1 Dockets.Justia.com Case 2:19-cv-01724-RFB-NJK Document 23 Filed 11/10/20 Page 2 of 6 Lee v. Marriott, et al. Case No.: 2:19-CV-01724-RFB-NJK 1 2 I. CURRENT DEADLINES: The current deadlines under the Stipulated Discovery Plan and Scheduling Order dated July 6, 3 4 2020 are as follows: • 5 • 6 • 7 8 All parties shall file motions to amend pleading or add parties on or before August 31, 2020; All parties shall make initial expert disclosures pursuant to FRCP 16.1(a)(2) on or before August 31, 2020; 9 • 10 11 All parties shall make rebuttal expert disclosures pursuant to FRCP 16.1(a)(2) on or before September 30, 2020; • 12 13 All parties shall complete discovery on or before December 30, 2020; II. All parties shall file dispositive motions no later than January 29, 2021. STATEMENT SPECIFYING THE DISCOVERY COMPLETED: 14 To date, the Parties have engaged in the following discovery: 15 16 • Plaintiffs made their initial disclosures on, about December 3, 2019; her first supplemental 17 disclosures, or about March 9, 2020; her second supplemental disclosures on April 8, 2020; 18 her third supplemental disclosures on April 17, 2020; her fourth supplemental disclosures on 19 May 28, 2020; and her fifth supplemental disclosures on October 2, 2020. 20 • Defendants made their initial disclosures on or about November 27, 2019; its first 21 supplemental disclosures on April 24, 2020; its second supplemental disclosures on May 4, 22 23 2020; its third supplemental disclosures on May 11, 2020; its fourth supplemental disclosures 24 on May 13, 2020; its fifth supplemental disclosures on May 20, 2020; its sixth supplemental 25 disclosures on Jun 10, 2020; its seventh supplemental disclosures on July 16, 2020; its eighth 26 supplemental disclosures on July 27, 2020; and its ninth supplemental disclosures on 27 September 1, 2020. 28 LEGAL:05472-0479/14144046.1 -2- Case 2:19-cv-01724-RFB-NJK Document 23 Filed 11/10/20 Page 3 of 6 1 • 2 Lee v. Marriott, et al. Case No.: 2:19-CV-01724-RFB-NJK Defendant propounded interrogatories, requests for admission and requests for production of documents to Plaintiff on January 31, 2020. 3 • 4 5 Plaintiff provided written responses to Defendant’s interrogatories, requests for admission and requests for production of documents on March 9, 2020. • 6 Plaintiff and Defendant stipulated to Plaintiff undergoing a Rule 35 examination, which was 7 set for March 18, 2020 but was vacated due to the ongoing COVID-19 pandemic. 8 • 9 Defendant provided written responses to Plaintiff’s interrogatories, requests for admission and requests for production of documents on May 28, 2020. 10 • 11 Depositions of Michaela Lee and Dennis Lee were conducted on September 15, 2020. 12 13 STATEMENT OF DISCOVERY THAT REMAINS TO BE COMPLETED: 14 Discovery was proceeding in the normal course. The Parties had stipulated to a Rule 35 15 examination of Plaintiff and were intending to move forward with party depositions, expert 16 17 disclosures, and expert and/or treating physician depositions. Notably, the parties sought its first extension in light of the ongoing COVID-19 pandemic and the prohibition of any unessential in-person 18 19 20 matters with the expectation that in-person matters would likely resume in June of 2020. The parties had set multiple depositions for early June of 2020. 21 The parties have continued to experience significant difficulty in coordinating depositions in 22 light of the ongoing pandemic. Plaintiff and her husband’s depositions were recently conducted, and 23 Defendant has coordinated its FRCP 30(b)(6) designee(s)’ deposition to be taken on November 10, 24 2020. Further, the parties have agreed to participate in a private mediation. Thus, the parties seek a 25 brief continuance of discovery to complete the depositions and participate in private mediation before 26 27 28 determining if any expert depositions need to be conducted. /// LEGAL:05472-0479/14144046.1 -3- Case 2:19-cv-01724-RFB-NJK Document 23 Filed 11/10/20 Page 4 of 6 Lee v. Marriott, et al. Case No.: 2:19-CV-01724-RFB-NJK REASONS WHY DISCOVERY WAS NOT COMPLETED: 1 2 III. 3 As discussed above, the parties did not expect the pandemic to continue to the extent that it 4 has. The parties had depositions tentatively set for early June 2020 in order to comply with pending 5 expert disclosures and to finish all needed discovery. Unfortunately, the pandemic has continued to 6 cause significant delays and difficulties with conducting discovery. 7 Notably, Defendant has encountered significant difficulties in coordinating witness 8 9 depositions, especially its FRCP 30(b)(6) designee(s) in light of the ongoing pandemic and 10 Defendant’s current operating structure as a result. Defendant resolved this matter and its FRCP 11 30(b)(6) designee is being deposed on November 10, 2020. 12 Additionally, the parties have agreed to participate in a private mediation in order to try and 13 resolve this matter. Thus, the parties seek this continuance to complete that mediation and avoid 14 potential expert depositions and costs. 15 The parties and their counsel have been very cooperative during discovery and agree that 16 17 neither party will be prejudiced by the proposed extension. The parties submit that the delay is 18 reasonable in the circumstances due to the ongoing difficulties during the pandemic. Finally, the 19 parties agree the extension is sought in good faith. 20 IV. PROPOSED SCHEDULE: 21 22 23 24 25 26 27 Accordingly, the Parties agree to extend the discovery deadlines as follows: • • All parties shall complete discovery on or before March 1, 2021; All parties shall file motions to amend pleading or add parties on or before August 31, 2020 (unchanged); • All parties shall make initial expert disclosures pursuant to FRCP 16.1(a)(2) on or before August 31, 2020 (unchanged); 28 LEGAL:05472-0479/14144046.1 -4- Case 2:19-cv-01724-RFB-NJK Document 23 Filed 11/10/20 Page 5 of 6 Lee v. Marriott, et al. Case No.: 2:19-CV-01724-RFB-NJK 1 2 • All parties shall make rebuttal expert disclosures pursuant to FRCP 16.1(a)(2) on or before 3 September 30, 2020 (unchanged); 4 5 • All parties shall file dispositive motions no later than April 1, 2021. 6 Based upon the foregoing, it is hereby stipulated that the Court vacate the current deadlines as 7 stated in the Stipulated Discovery Plan and Scheduling Order, and that the Court issue a new order 8 setting the deadlines as set forth in this Stipulation and Order. 9 Respectfully submitted this 9th day of November, 2020. 10 11 DATED this 9th day of November, 2020. DATED this 9th day of November, 2020. 12 13 14 15 16 17 /s/ Benjamin J. Miller /s/ Analise N.M. Tilton Daniel S. Simon, Esq. Nevada Bar No. 4750 Benjamin J. Miller, Esq. Nevada Bar No. 10406 SIMON LAW 810 S. Casino Center Blvd. Las Vegas, Nevada 89101 Attorneys for Plaintiff Analise N.M. Tilton, Esq. Nevada Bar No. 13185 Kyle J. Hoyt, Esq. Nevada Bar No. 14886 WOOD, SMITH, HENNING & BERMAN LLP 2881 Business Park Ct., Suite 200 Las Vegas, Nevada 89128 Attorneys for Defendant 18 19 20 21 22 23 24 25 26 27 28 LEGAL:05472-0479/14144046.1 -5- Case 2:19-cv-01724-RFB-NJK Document 23 Filed 11/10/20 Page 6 of 6 1 Lee v. Marriott, et al. Case No.: 2:19-CV-01724-RFB-NJK 2 3 4 ORDER 5 IT IS HEREBY ORDERED that the Discovery Plan and Scheduling Order is third amended 6 7 as follows: a. All parties shall complete discovery on or before March 1, 2021. b. All parties shall file initial expert disclosures on or before August 31, 2020 8 9 (unchanged). 10 11 c. (unchanged). 12 13 All parties shall file rebuttal expert disclosure on or before September 30, 2020 d. All parties shall file dispositive motions on or before April 1, 2021. 14 IT IS SO ORDERED. 15 16 ____________________________________ UNITED STATES MAGISTRATE JUDGE 17 18 Dated: ____________________________ November 12, 2020 19 20 21 22 23 24 25 26 27 28 LEGAL:05472-0479/14144046.1 -6-
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