Montero et al v. Knight Transportation Inc. et al, No. 2:2019cv02119 - Document 38 (D. Nev. 2020)
Court Description: ORDER granting 37 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery Deadlines set by 17 Order. Discovery due by 9/7/2020. Motions due by 10/6/2020. Proposed Joint Pretrial Order due by 11/4/2020. Signed by Magistrate Judge Nancy J. Koppe on 3/26/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Montero et al v. Knight Transportation Inc. et al Doc. 38 Case 2:19-cv-02119-RFB-NJK Document 37 Filed 03/25/20 Page 1 of 7 11 Attorneys at Law 2881 BUSINESS PARK COURT, SUITE 200 LAS VEGAS, NEVADA 89128-9020 TELEPHONE 702 251 4100 ♦ FAX 702 251 5405 WOOD, SMITH, HENNING & BERMAN LLP 1 Joel D. Odou Nevada Bar No. 7468 2 Analise N. M. Tilton Nevada Bar No. 13185 3 Abraham F. Ivie 4 Nevada Bar No. 15250 Wood, Smith, Henning & Berman LLP 5 2881 Business Park Court, Suite 200 Las Vegas, Nevada 89128-9020 6 Telephone: 702 251 4100 Facsimile: 702 251 5405 7 jodou@wshblaw.com 8 atilton@wshblaw.com aivie@wshblaw.com 9 Attorneys for Knight Transportation, Inc., Knight 10 Refrigerated, LLC, and Kevin Cornish 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA, SOUTHERN DIVISION 14 15 CLYDE MONTERO, an individual, AMY MONTERO, an individual, J.V., an individual, 16 I.V., an individual, and N.V., an individual, Plaintiffs, 17 Case No. 2:19-cv-02119-RFB-NJK STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) v. 18 19 KNIGHT TRANSPORTATION, INC., an Arizona corporation, KNIGHT 20 REFRIGERATED, LLC, an Arizona limited liability company, KNIGHT-SWIFT 21 TRANSPORTATION HOLDINGS, INC., an Arizona corporation, KEVIN CORNISH, an 22 individual, DOES I through XX, and ROE CORPORATIONS 1 through 100, 23 Defendants. 24 25 26 / / / 27 / / / 28 / / / LEGAL:10092-0046/14156209.1 Case No. 2:19-cv-02119-RFB-NJK STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) Dockets.Justia.com Case 2:19-cv-02119-RFB-NJK Document 37 Filed 03/25/20 Page 2 of 7 1 STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES 2 (FIRST REQUEST) Pursuant to LR 6-1 and LR 26-4, and for good cause shown, the parties, by and through their 3 4 respective counsel of record hereby stipulate and agree to and jointly move this Honorable Court for 5 an order to continue discovery by ninety (90) days as indicated below. This is the first stipulation for 6 extension of time to complete discovery. 7 A. DISCOVERY COMPLETED TO DATE 8 The parties have completed the following disclosures and discovery: 9 1. Defendants Knight Transportation, Inc. Knight Refrigerated, LLC and Kevin Cornish 2. 11 Attorneys at Law 2881 BUSINESS PARK COURT, SUITE 200 LAS VEGAS, NEVADA 89128-9020 TELEPHONE 702 251 4100 ♦ FAX 702 251 5405 WOOD, SMITH, HENNING & BERMAN LLP 10 served their initial disclosures on January 31, 2020. Defendants Knight Refrigerated, LLC and Kevin Cornish served their first 12 supplemental disclosures on February 5, 2020. 13 3. Plaintiffs served their initial disclosure on February 14, 2020. 14 4. Defendants Knight Transportation, Inc. Knight Refrigerated, LLC and Kevin Cornish 15 provided and requested the return of medical and employment authorizations for Plaintiffs Clyde 16 Montero and Amy Montero on March 23, 2020. 5. 17 Defendants Knight Transportation, Inc. Knight Refrigerated, LLC and Kevin Cornish 18 provided and requested the return of medical authorizations for Plaintiffs J.V., I.V., and N.V on 19 March 24, 2020. 20 B. DISCOVERY REMAINING TO BE COMPLETED 21 1. Depositions of parties and/or witnesses; 22 2. Expert disclosures; 23 3. Depositions of treating physicians, 24 4. Expert depositions; 25 5. Written discovery; 26 6. Disclosure of additional documents; 27 7. Subpoena/Obtain additional documents as necessary; 28 / / / LEGAL:10092-0046/14156209.1 Case No. 2:19-cv-02119-RFB-NJK -2STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) Case 2:19-cv-02119-RFB-NJK Document 37 Filed 03/25/20 Page 3 of 7 1 8. The parties also anticipate that they may need to conduct other forms of discovery, 2 though not specifically delineated herein, and anticipate doing so only on an as-needed basis. 3 C. 4 REASON FOR REQUEST FOR EXTENSION OF DISCOVERY DEADLINES A scheduling order can be modified "for good cause and with the judge's consent." FRCP 5 16(b)(4). "A motion or stipulation to extend time must state the reasons for the extension requested 6 and must inform the court of all previous extensions of the subject deadline the court granted." LR AI 7 6-1 (a). "District courts should generally allow amendments of pre-trial orders when 'no substantial 8 injury will be occasioned to the opposing party, the refusal to allow the amendment might result in 9 injustice to the movant, and the inconvenience to the court is slight.'" Campbell Industries v. M/V 11 Cir. 1976); Sherman v. United States, 462 F.2d 577, 579 (5th Cir. 1972)). Here, as discussed below, Attorneys at Law 2881 BUSINESS PARK COURT, SUITE 200 LAS VEGAS, NEVADA 89128-9020 TELEPHONE 702 251 4100 ♦ FAX 702 251 5405 WOOD, SMITH, HENNING & BERMAN LLP 10 Gemini, 619 F.2d 24, 27-28 (9th Cir. 1980) (quoting Angle v. Sky Chef, Inc., 535 F.2d 492, 495 (9th 12 there is no dispute among the parties that an extension would cause any injury or injustice, and that a 13 refusal of extension could prejudice the parties. Additionally, although there may be some 14 inconvenience to the Court, no trial date is currently set and discovery is already ongoing. Therefore, 15 the stipulated request for a modest extension should be granted. 16 In addition to the discovery that has already taken place as set forth above, the parties have 17 diligently worked to continue to conduct discovery in an effort to complete the same and prepare for 18 trial. Defendants are in the process of serving Plaintiffs with written discovery including numerous 19 authorizations that have already been provided to Plaintiffs' counsel so they may obtain records of 20 Plaintiffs' alleged damages and injuries. Further, the parties will need to be deposed. Such depositions 21 include out of state travel. Specifically, Defendant Kevin Cornish and a representative of Defendant 22 Knight Transportation, Inc. because both are out of state residents. Additionally, due to the current 23 health crisis there will be substantial delays on proceeding with these out of state depositions and 24 obtaining records due to numerous closures and limited work staff. 25 Further, Defendants will be gathering records from Plaintiffs' medical providers in order to 26 prepare for her deposition, as well as to make determinations as to what experts may be needed, 27 including potentially seeking an examination of Plaintiff. Defendant also intends to take the 28 depositions Plaintiffs' treating and prior medical providers. LEGAL:10092-0046/14156209.1 Case No. 2:19-cv-02119-RFB-NJK -3STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) Case 2:19-cv-02119-RFB-NJK Document 37 Filed 03/25/20 Page 4 of 7 1 Both parties are still in the process of determining what experts they may need for trial. As the 2 parties are continuing to seek information of the circumstances of the accident as well as the nature 3 and extent of Plaintiffs' injury claims, they cannot currently make adequate evaluations of what 4 experts may be needed. If discovery is not extended, they may have to retain and designate additional 5 experts which, upon further ordinary discovery, could be rendered unnecessary. The parties would 6 thereby be unnecessarily be burdened by costs and further expert discovery, which could complicate 7 trial and alternative dispute resolution efforts. 8 In sum, the parties have diligently conducted discovery and are continuing to work 9 cooperatively to complete the remaining discovery in order to prepare for trial. Good cause exists for Attorneys at Law 2881 BUSINESS PARK COURT, SUITE 200 LAS VEGAS, NEVADA 89128-9020 TELEPHONE 702 251 4100 ♦ FAX 702 251 5405 WOOD, SMITH, HENNING & BERMAN LLP 10 modification of the current scheduling order to avoid prejudice to the parties. 11 D. CURRENT SCHEDULE TO COMPLETE REMAINING DISCOVERY: 12 Motions to Amend or Add Parties: 03/09/2020 13 Initial Expert Disclosures: 04/08/2020 14 Interim Status Report 04/08/2020 15 Rebuttal Expert Disclosure: 05/08/2020 16 Close of Discovery: 06/08/2020 17 Dispositive Motion Deadline: 07/08/2020 18 Joint Pre-Trial Order 08/06/2020 19 E. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 20 Motions to Amend or Add Parties: 03/09/2020 21 Initial Expert Disclosures: 07/07/2020 22 Interim Status Report 07/07/2020 23 Rebuttal Expert Disclosure: 08/06/2020 24 Close of Discovery: 09/07/2020 25 Dispositive Motion Deadline: 10/06/2020 26 Joint Pre-Trial Order 11/04/2020 27 / / / 28 / / / LEGAL:10092-0046/14156209.1 Case No. 2:19-cv-02119-RFB-NJK -4STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) Case 2:19-cv-02119-RFB-NJK Document 37 Filed 03/25/20 Page 5 of 7 1 F. CURRENT TRIAL DATE: 2 No trial is yet scheduled in this matter. A joint proposed pretrial order is due on August 6, 3 2020, or 30 days following this Court's ruling on any dispositive motions, if filed. The parties seek 4 additional time so that the same proposed pretrial order is due November 4, 2020 or 30 days after this 5 Court's ruling on dispositive motions. 6 G. REQUEST NUMBER: 7 This is the first request for an extension of time to complete discovery. 8 Wherefore, the parties respectfully request that the Court grant this request to extend the 9 discovery deadlines as outlined above. Attorneys at Law 2881 BUSINESS PARK COURT, SUITE 200 LAS VEGAS, NEVADA 89128-9020 TELEPHONE 702 251 4100 ♦ FAX 702 251 5405 WOOD, SMITH, HENNING & BERMAN LLP 10 IT IS SO AGREED. 11 DATED March 25, 2020 DATED MARCH 25, 2020 12 LADAH LAW FIRM WOOD, SMITH, HENNING & BERMAN LLP 13 /s/Carl R. Houston /s/ Analise N.M. Tilton ___________________________ JOEL D. ODOU Nevada Bar No. 7468 ANALISE N.M. TILTON Nevada Bar No. 13185 ABRAHAM F. IVIE Nevada Bar No. 15250 2881 Business Park Court, Suite 200 Las Vegas, Nevada 89128-9020 14 RAMZY P. LADAH, ESQ. Nevada Bar No. 11405 15 CARL. R. HOUSTON Nevada Bar No. 11161 16 517 S. Third Street 17 Las Vegas, Nevada 89101 18 Attorneys for Plaintiffs, Clyde Montero, Amy Montero, J.V., I.V., and N.V 19 Attorneys for Defendants, Knight Transportation, Inc., Knight Refrigerated, LLC and Kevin Cornish 20 21 22 23 24 25 26 27 28 LEGAL:10092-0046/14156209.1 Case No. 2:19-cv-02119-RFB-NJK -5STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) Case 2:19-cv-02119-RFB-NJK Document 37 Filed 03/25/20 Page 6 of 7 Case Name: Montero v. Knight Transportation, Inc., et al. Case Number: 2-19-cv-02117-JAD-EJY 1 2 3 4 ORDER Pursuant to stipulation by the parties and for good cause shown, the deadlines and discovery 5 schedule in this case are extended and continued as follows: 6 7 8 9 11 Attorneys at Law 2881 BUSINESS PARK COURT, SUITE 200 LAS VEGAS, NEVADA 89128-9020 TELEPHONE 702 251 4100 ♦ FAX 702 251 5405 WOOD, SMITH, HENNING & BERMAN LLP 10 Motions to Amend or Add Parties Initial Expert Disclosures Interim Status Report Rebuttal Expert Disclosure Close of Discovery Dispositive Motion Deadline Joint Pre-Trial Order 13 15 16 17 18 19 20 Proposed Deadline 03/09/2020 07/07/2020 07/07/2020 08/06/2020 09/07/2020 10/06/2020 11/04/2020 IT IS SO ORDERED. 12 Dated: March ___, 26 2020. 14 Current Deadline 03/09/2020 04/08/2020 04/08/2020 05/08/2020 06/08/2020 07/07/2020 08/06/2020 _________________________________________ UNITED STATES DISTRICT COURT JUDGE United States Magistrate Judge Respectfully Submitted By: /s/ Analise N.M. Tilton ___________________________ JOEL D. ODOU Nevada Bar No. 7468 ANALISE N.M. TILTON Nevada Bar No. 13185 ABRAHAM F. IVIE Nevada Bar No. 15250 2881 Business Park Court, Suite 200 Las Vegas, Nevada 89128-9020 21 Attorneys for Defendants, Knight Transportation, 22 Inc., Knight Refrigerated, LLC and Kevin Cornish 23 24 25 26 27 28 LEGAL:10092-0046/14156209.1 Case No. 2:19-cv-02119-RFB-NJK -6STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST)
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