Wang v. Korean Airlines Co., Ltd., No. 2:2020cv00409 - Document 38 (D. Nev. 2021)

Court Description: ORDER granting 37 Stipulation - Discovery due by 6/2/2022. Motions due by 6/30/2022. Proposed Joint Pretrial Order due by 8/1/2022. Signed by Magistrate Judge Cam Ferenbach on 11/9/2021. (Copies have been distributed pursuant to the NEF - DRS)

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Wang v. Korean Airlines Co., Ltd. 1 2 3 4 5 6 THE COTTLE FIRM 8635 South Eastern Avenue, Las Vegas, Nevada 89123 Phone: (702) 722-6111 | Fax: (702) 834-8555 7 Doc. 38 THE COTTLE FIRM Robert W. Cottle, Esq. Nevada Bar No. 4576 rcottle@cottlefirm.com Matthew G. Holland, Esq. Nevada Bar No. 10370 mholland@cottlefirm.com 8635 South Eastern Avenue Las Vegas, Nevada 89123 T: 702.722.6111 | F: 702.834.8555 Attorneys for Plaintiff 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 ******* 11 CHUNYUN WANG, an individual CASE NO.: 2:20-cv-00409-JAD-VCF 12 Plaintiff, 13 14 15 16 17 18 19 20 vs. KOREAN AIRLINES CO., LTD., operating as KOREAN AIR; DOE FLIGHT ATTENDANTS; DOE FOOD AND BEVERAGE SERVICE HANDLERS; ROE FOOD AND BEVERAGE SERVICE BUSINESS ENTITY; ROE WATER OR LIQUID HEATING APPARATUS MANUFACTURER AND/OR DISTRIBUTOR BUSINESS ENTITIES; DOE INDIVIDUALS 1-10; AND ROE CORPORATIONS/ENTITIES 1-10; inclusive STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) 21 22 23 24 25 26 Defendants. There is good cause for this stipulation in accordance with LR II 26-3. At this early stage of discovery, the parties understand there are certain complexities that will require additional time to address. Specifically, retaining experts to conduct a Rule 34 Site Inspection as well as coordinating dates of availability to inspect the aircraft where the incident occurred. Plaintiff needs 27 28 Page 1 of 7 Dockets.Justia.com 1 additional time to take the depositions of employee witnesses as well as a Rule 30(b)(6) deposition 2 after said Site Inspection has been conducted. 3 IT IS HEREBY STIPULATED by and between MATTHEW G. HOLLAND, ESQ. of THE 4 COTTLE FIRM, as counsel for Plaintiff, CHUNYUN WANG, PHILIP R. WEISSMAN, ESQ., of 5 the law firm CLYDE & CO US LLP, and Dawn L. Davis, Esq., as counsel for Defendant, 6 KOREAN AIRLINES, CO, LTD., that certain discovery deadlines be extended by 90 days, as set 7 forth below, to allow the parties to complete discovery prior to trial. 8 STATEMENT SPECIFYING THE DISCOVERY THAT HAS BEEN COMPLETED. 9 THE COTTLE FIRM 8635 South Eastern Avenue, Las Vegas, Nevada 89123 Phone: (702) 722-6111 | Fax: (702) 834-8555 10 11 12 1. The parties participated in the Fed. R. Civ. P. 26(f) conference; 2. Both parties have made their disclosures pursuant to Fed. R. Civ. P. 26.1(a)(1); 3. Defendant served Interrogatories, Request for Production of Documents, and Request for Admissions to Plaintiff; 13 14 4. Request for Admissions to Defendant; 15 16 5. 19 6. Defendant took Plaintiff’s Deposition on September 24, 2021. 7. Plaintiff Served Notice of Taking Deposition of Unknown Flight Attendant on October 26, 2021. 20 21 22 8. Defendant has requested that Plaintiff appear for an IME in Nevada. A. SPECIFIC DESCRIPTION OF THE DISCOVERY THAT REMAINS TO BE COMPLETED. 23 24 1. 27 28 Plaintiff will take the deposition of the Rule 30(b)(6) witness(es) for Korean Airlines; 25 26 Plaintiff served responses to Defendant’s Interrogatories, Request for Production, and Request for Admissions; 17 18 Plaintiff served Interrogatories, Request for Production of Documents, and 2. Plaintiff will take the deposition of Unknown Flight Attendant for Korean Airlines; 3. Retain and designate expert witnesses; 4. Depositions of expert witnesses; Page 2 of 7 1 5. Plaintiff will conduct a Rule 34 Site Inspection of the aircraft. 2 6. Plaintiff is to appear for an IME in Nevada. 3 B. REASONS WHY THE DISCOVERY REMAINING WAS NOT 4 COMPLETED WITHIN THE DEADLINES CONTAINED IN THE 5 DISCOVERY SCHEDULING ORDER 6 7 8 Discovery closes on March 4, 2022. However, initial expert disclosures are due on November 4, 2021, and Plaintiff needs additional time to retain a medical expert. C. 9 THE COTTLE FIRM 8635 South Eastern Avenue, Las Vegas, Nevada 89123 Phone: (702) 722-6111 | Fax: (702) 834-8555 10 11 12 13 14 PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY As a result of the above, it is requested that the discovery deadlines in this case be continued 90 days from their present deadlines. 1. Discovery Cut-Off Date: The parties jointly propose that the discovery cut-off date be extended 90 days from its present deadline of March 4, 2022, to June 2, 2022. 2. Amending the Pleadings and Adding Parties: The parties jointly propose that the 15 Amended the Pleadings and Adding Parties date be extended 90 days from its present deadline of 16 December 3, 2021, to March 3, 2022. 17 3. Fed. R. Civ. P. 2(a)(2) Disclosures (Experts): The parties jointly propose that the 18 initial expert disclosure deadline be extended 90 days from its present deadline of November 4, 19 2021, to February 2, 2022; the rebuttal expert disclosure be extended 91 days from its present 20 deadline of December 6, 2021, to March 7, 2022. 21 4. Dispositive Motions: In the event that the discovery period is extended from the 22 discovery cut-off date set forth in the proposed Discovery Plan and Scheduling Order, the date for 23 filing dispositive motions shall be extended 90 days from its present deadline of April 1, 2022, to 24 June 30, 2022. 25 5. Pretrial Order: The date for filing the joint pretrial, which is currently set for May 26 3, 2022, be extended to August 1, 2022. In the event that dispositive motions are filed, the date for 27 filing the joint pretrial order shall be suspended until 30 days after decision on the dispositive 28 motions or until further order of the court. In the further event that the discovery period is extended Page 3 of 7 1 from the discovery cut-off date set forth in the Discovery Plan and Scheduling Order, the date for 2 filing the joint pretrial order shall be extended in accordance with the time periods set forth in this 3 paragraph. 6. 4 5 26(a)(3), and any objections thereto, shall be included in the joint pretrial order. 7. 6 THE COTTLE FIRM Alternative Dispute Resolution: Counsel for the parties certify that they met and 7 conferred about the possibility of using alternative dispute resolution including mediation, 8 arbitration, and/or an early neutral evaluation. The parties have not scheduled any such ADR forum 9 at this point but agree to reconsider following the disclosure of expert witness reports and after the 10 8635 South Eastern Avenue, Las Vegas, Nevada 89123 Phone: (702) 722-6111 | Fax: (702) 834-8555 Fed. R. Civ. P. 26(a)(3) Disclosures: The disclosures required by Fed.R.Civ.P. close of discovery. 8. 11 Alternative Forms of Case Disposition: The parties certify that they discussed 12 consenting to trial by a magistrate judge or engaging in the Short Trial Program under Fed. R. Civ. 13 P. 73 and at present do not consent to either alternative form of case disposition. 14 9. Electronic Evidence: The parties certify that they have discussed and intend to use 15 electronic evidence at the trial of this matter and will ensure that said evidence is in an electronic 16 format compatible with the Court’s electronic jury evidence display system. At present, the parties 17 have not agreed upon any stipulations regarding the use of electronic evidence but will address 18 this issue again in the Pre-Trial Order. 19 . . . 20 . . . 21 . . . 22 . . . 23 . . . 24 . . . 25 . . . 26 . . . 27 . . . 28 . . . Page 4 of 7 1 . . . 2 3 10. Extensions or Modifications of the Discovery Plan and Scheduling Order: Any 4 stipulation or motion must be made no later than 21 days before the subject deadline. Requests to 5 extend discovery deadlines must comply fully with LR 26-3. 6 7 8 9 THE COTTLE FIRM 8635 South Eastern Avenue, Las Vegas, Nevada 89123 Phone: (702) 722-6111 | Fax: (702) 834-8555 10 11 12 13 DATED this 3rd day of November 2021. DATED this 4th day of November 2021. THE COTTLE FIRM CLYDE & CO US LLP /s/ Matthew G. Holland ROBERT W. COTTLE, ESQ. Nevada Bar No. 4576 MATTHEW G. HOLLAND, ESQ. Nevada Bar No. 10370 8635 South Eastern Avenue Las Vegas, Nevada 89123 Attorneys for Plaintiff _/s/ Phillip R. Weissman PHILIP R. WEISSMAN 405 Lexington Avenue 16th Floor New York, New York 10174 Attorney for Defendant Korean Airlines, LTD 14 15 16 DATED this 4th day of November 2021. SNELL & WILMER 17 18 19 20 21 /s/ Dawn Davis Dawn L. Davis, Esq. Nevada Bar No. 3883 Howard Hughes Parkway #1100 Las Vegas, NV 89169 Attorney for Defendant Korean Airlines, LTD 22 ORDER 23 24 IT IS SO ORDERED: 25 DATED this 9th day of November, 2021. 26 27 28 ___________________________________ UNITED STATES MAGISTRATE JUDGE Page 5 of 7 From: Subject: Date: To: Cc: Davis, Dawn ddavis@swlaw.com RE: Wang vs. Korean Airlines November 4, 2021 at 6:04 PM Nathalie Cabrera ncabrera@cottle rm.com, Weissman, Philip Philip.Weissman@clydeco.us Harakas, Andrew J. Andrew.Harakas@clydeco.us Yes, please go ahead. Dawn L. Davis I Snell & Wilmer L.L.P. I P: (702) 784-5275 I F: (702) 784-5252 From: Nathalie Cabrera <ncabrera@cottle rm.com> Sent: Thursday, November 4, 2021 6:02 PM To: Weissman, Philip <Philip.Weissman@clydeco.us> Cc: Davis, Dawn <ddavis@swlaw.com>; Harakas, Andrew J. <Andrew.Harakas@clydeco.us> Subject: Re: Wang vs. Korean Airlines [EXTERNAL] ncabrera@cottle rm.com Thank you, we are okay with the changes. I am just pending Ms. Davis’ approval her electronic signature. — Nathalie Cabrera, Paralegal to Matthew G. Holland, Esq. THE COTTLE FIRM 8635 South Eastern Avenue Las Vegas, NV 89123 (702) 722-6111 ncabrera@cottle rm.com WARNING - LEGAL CONFIDENTIALITY NOTICE. This electronic mail message contains confidential information intended only for the use of the individual or entity named above and may be protected by the attorney-client and/or attorney work product privilege. If the reader of this message is not the intended recipient, you are hereby informed that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately at (702) 722-6111 or by reply email and delete the original message and any copies from your system. Thank you. On Nov 4, 2021, at 4:41 PM, Weissman, Philip <Philip.Weissman@clydeco.us> wrote: Dear Ms. Cabrera, My apologies. I was in a settlement conference. Attached please nd our proposed revisions. If they are ok with you, you have my permission to electronically sign my name and le. Philip Weissman Senior Associate | Clyde & Co US LLP Direct Dial: +1 212 710 3921 | Mobile: +1 917 224 2913 <image006.png> The Chrysler Building | 405 Lexington Avenue | 16th Floor | New York | NY 10174 | USA Main +1 212 710 3900 | Fax +1 212 710 3950 | www.clydeco.us From: Nathalie Cabrera <ncabrera@cottle rm.com> Sent: Thursday, November 4, 2021 6:33 PM To: Weissman, Philip <Philip.Weissman@clydeco.us>; Davis, Dawn <ddavis@swlaw.com>; Harakas, Andrew J. <Andrew.Harakas@clydeco.us> Subject: Re: Wang vs. Korean Airlines Good afternoon, I am just following up on the approval of the Stip and Order to Extend Discovery Deadlines that was sent out yesterday. — Nathalie Cabrera, Paralegal to Matthew G. Holland, Esq. THE COTTLE FIRM 8635 South Eastern Avenue Las Vegas, NV 89123 (702) 722-6111 ncabrera@cottle rm.com <image007.png> WARNING - LEGAL CONFIDENTIALITY NOTICE. This electronic mail message contains confidential information intended only for the use of the individual or entity named above and may be protected by the attorney-client and/or attorney work product privilege. If the reader of this message is not the intended recipient, you are hereby informed that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately at (702) 722-6111 or by reply email and delete the original message and any copies from your system. Thank you. <image008.gif> <image009.jpg> <image010.png><image011.png> On Nov 3, 2021, at 1:49 PM, Nathalie Cabrera <ncabrera@cottle rm.com> wrote: Good afternoon, Attached is word format draft of the Stipulation and Order to Extend Discovery Deadlines (First Request), for your review and approval. Should additional changes need to be made, please let me know immediately. Our deadline for expert disclosures runs tomorrow and I would like to get this led by the end of business day November 4, 2021. Thank you all. — Nathalie Cabrera, Paralegal to Matthew G. Holland, Esq. THE COTTLE FIRM 8635 South Eastern Avenue Las Vegas, NV 89123 (702) 722-6111 ncabrera@cottle rm.com <image001.png> WARNING - LEGAL CONFIDENTIALITY NOTICE. This electronic mail message contains confidential information intended only for the use of the individual or entity named above and may be protected by the attorney-client and/or attorney work product privilege. If the reader of this message is not the intended recipient, you are hereby informed that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately at (702) 722-6111 or by reply email and delete the original message and any copies from your system. Thank you. <image002.gif> <image003.jpg> <image004.png> <image005.png> <2021.11.03. SAO to Extend DIscovery Deadlines (First Request).docx> WARNING - LEGAL CONFIDENTIALITY NOTICE. This electronic mail message contains confidential information intended only for the use of the individual or entity named above and may be protected by the attorney-client and/or attorney work product privilege. If the reader of this message is not the intended recipient, you are hereby informed that any dissemination, distribution, or copying of this communication is strictly prohibited. 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Clyde & Co US LLP is a Delaware limited liability law partnership af liated with Clyde & Co LLP, a multinational partnership regulated by The Law Society of England and Wales. Disclosure: To ensure compliance with requirements imposed by the IRS in Circular 230, we inform you that any tax advice contained in this communication (including any attachment that does not explicitly state otherwise) is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing or recommending to another party any transaction or matter addressed herein. <2021.11.03. SAO to Extend DIscovery Deadlines (First Request).docx> WARNING - LEGAL CONFIDENTIALITY NOTICE. This electronic mail message contains confidential information intended only for the use of the individual or entity named above and may be protected by the attorneyclient and/or attorney work product privilege. If the reader of this message is not the intended recipient, you are hereby informed that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately at (702) 722-6111 or by reply email and delete the original message and any copies from your system. Thank you.

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