Chism v. Costco Wholesale Corporation, No. 2:2020cv00967 - Document 21 (D. Nev. 2021)
Court Description: ORDER granting 20 Stipulation to Extend Time. Discovery due by 6/21/2021. Motions due by 7/23/2021. Proposed Joint Pretrial Order due by 8/26/2021. Signed by Magistrate Judge Brenda Weksler on 2/25/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Chism v. Costco Wholesale Corporation Doc. 21 Case 2:20-cv-00967-JAD-BNW Document 20 Filed 02/22/21 Page 1 of 7 1 2 3 4 5 6 7 8 Edgar Carranza, Esq. Nevada State Bar No. 5902 Jacquelyn Franco, Esq. Nevada State No. 13484 BACKUS, CARRANZA & BURDEN 3050 S. Durango Drive Las Vegas, NV 89117 (702) 872-5555 (702) 872-5545 facsimile ecarranza@backuslaw.com Attorneys for Defendant COSTCO WHOLESALE CORPORATION 9 UNITED STATES DISTRICT COURT BACKUS, CARRANZA & BURDEN 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 10 DISTRICT OF NEVADA 11 12 13 MICHELLE CHISM, Plaintiffs, 14 15 16 17 18 vs. COSTCO WHOLESALE CORPORATION, DOES I – V; ROE CORPORATINS I - X; Defendants. 19 20 21 22 23 ) ) ) Case No. 2:20-CV-967-JAD-BNW ) ) ) ) ) ) ) ) ) STIPULATION AND ORDER TO EXTEND DISCOVERY PLAN AND SCHEDULING ORDER (Third Request) Plaintiff, MICHELLE CHISM, by and through counsel, Peter Angulo, Esq. of the 24 Mountain Vista Law Group, and Defendant, COSTCO WHOLESALE CORPORATION, by and 25 through counsel, Edgar Carranza, Esq. of the law firm BACKUS, CARRANZA & BURDEN, hereby 26 submit the instant stipulation and order to extend the Discovery Plan and Scheduling Order 27 pursuant to Local Rule II 26-4 as follows: 28 Dockets.Justia.com Case 2:20-cv-00967-JAD-BNW Document 20 Filed 02/22/21 Page 2 of 7 1 2 3 4 5 6 7 8 GOOD CAUSE SUPPORTING THE EXTENSION. This lawsuit involves allegations that Plaintiff, MICHELLE CHISM fell due to an unspecified condition she encountered while walking down an aisle. On May 28, 2020, Defendant, COSTCO WHOLESALE CORPORATION (hereinafter referred to as “Costco”) filed its Answer denying Plaintiff’s allegations and denying all liability. The parties participated in the Fed. R. Civ. P. 26(f) conference on July 2, 2020 and the stipulated Discovery Plan and Scheduling Order was entered by this Court on August 12, 2020. 9 The parties also submitted, and on September 21, 2020 this Court entered, the Stipulated 10 Confidentiality Agreement and Protective Order providing protections for information and 11 material deemed confidential by Costco to help facilitate the exchange of this material during 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS, CARRANZA & BURDEN I. 12 discovery. This agreed upon protective order took several weeks to negotiate and agree to. 13 Since then, the parties have embarked on discovery by exchanging their respective Fed. R. 14 Civ. P. 26 disclosures and serving written discovery requests to each other which have been 15 responded to. However, there are sincere efforts being made between the parties to resolve 16 potential discovery disputes related to the written discovery responses. Currently, supplemental 17 responses from Plaintiff are expected within the next couple of weeks. 18 The parties have diligently been working to schedule some of the party-depositions 19 including Plaintiff’s deposition, Costco Rule 30(b)(6) deposition and several management levels 20 Costco employees. 21 pandemic have led to some delays due to counsel’s and the witnesses’ availability/schedule. 22 Nonetheless, good faith efforts have been made and continue to be made by both parties to 23 diligently move this case forward. The current atmosphere and limitations brought on by the COVID 19 24 Moreover, this is a significant personal injury matter that will require significant effort by 25 both parties. Plaintiff has already identified over $254,000.00 in past medical expenses, unknown 26 future medical expenses, unknown past wage loss claim and unknown future wage loss claim, to 27 name some of the damage components identified thus far. Significant effort will be required to 28 address each of the damage components, and the liability portion of this case. 2 Case 2:20-cv-00967-JAD-BNW Document 20 Filed 02/22/21 Page 3 of 7 1 2 3 4 As the parties are only a few months into the discovery process, good cause exists to extend the current Discovery Plan and Scheduling Order to allow the parties to continue to move this case forward. II. 5 6 DISCOVERY COMPLETED TO DATE. In accordance with LR II 26-4(a), the Parties provide the following statement of discovery completed to date: 7 A. 8 9 10 BACKUS, CARRANZA & BURDEN 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 11 12 13 14 B. Plaintiff’s Discovery. 1. Plaintiff’s FRCP 26 initial disclosures served 08-03-20. 2. Plaintiff’s First Set of Interrogatories to Costco served 08-12-20. 3. Plaintiff’s First Set of Requests for Production to Costco served 08-12-20. 4. Plaintiff’s First Set of Requests for Admission to Costco served 08-12-20. 5. Plaintiff’s Answers to Costco’s Interrogatories served on 12-07-20. 6. Plaintiff’s Responses to Request for Production served on 12-07-20. Defendant’s Discovery. 15 1. Costco’s FRCP 26 initial disclosures served 10-14-20. 16 2. Costco’s First Set of Interrogatories to Plaintiff served 10-19-20. 17 3. Costco’s First Set of Requests for Production to Plaintiff served 10-19-20. 18 4. Costco’s Answers to Plaintiff’s First Set of Interrogatories served 10-19-20. 19 5. Costco’s Responses to Plaintiff’s First Set of Requests for Production 20 served 10-19-20. 21 6. 22 served 10-19-20. 23 7. 24 8. 26 28 Costco’s Supplemental Responses to Plaintiff’s First Set of Request for Production served on 01-08-21. 25 27 Costco’s Responses to Plaintiff’s First Set of Requests for Admissions Costco’s Supplemental Answers to Plaintiff’s First Set of Interrogatories served on 01-08-21. III. DISCOVERY REMAINING TO BE COMPLETED. In accordance with LR II 26-4(b), the Parties provide the following statement of discovery 3 Case 2:20-cv-00967-JAD-BNW Document 20 Filed 02/22/21 Page 4 of 7 1 remaining to be completed: 2 A. 3 Plaintiff’s remaining discovery. 1. 4 25, 2021. 5 6 7 8 2. Deposition of Costco manager Tyler Price – Scheduled for March 26, 2021. 3. Deposition of Costco manager Mark Mans – Scheduled for March 26, 2021. 4. Deposition of Costco manager Michael Le – Scheduled for March 24, 2021. 5. Plaintiff must designate initial experts and produce the required report and 9 materials. 10 6. 11 Plaintiff must designate rebuttal experts and produce the required report and materials. 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS, CARRANZA & BURDEN Depositions of Costco’s Rule 30(b)(6) witness(es)- Scheduled for March 12 7. 13 B. 14 Deposition(s) of Costco’s expert must be taken. Defendant’s remaining discovery: 1. 15 Independent copies of Plaintiff’s medical records must be subpoenaed for her various medical providers. 16 2. Deposition of Plaintiff – Scheduled for April 21, 2021. 17 3. Depositions of percipient witnesses must be taken. 18 4. Depositions of Plaintiff’s family members must be taken. 19 5. Depositions of Plaintiff’s treating providers must be taken. 20 6. Costco must designate initial experts and produce the required report and 21 materials. 22 7. 23 materials. 24 25 Costco must designate rebuttal experts and produce the required report and 8. IV. Deposition(s) of Plaintiff’s expert must be taken. WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED. 26 Initially, the limitations related to the COVID 19 pandemic led to some delays and 27 conflicts with counsel’s availability/schedule. Nonetheless, good faith efforts were made by both 28 parties to meet the obligations required of both of them. The parties continue to diligently work 4 Case 2:20-cv-00967-JAD-BNW Document 20 Filed 02/22/21 Page 5 of 7 1 together to move this case forward. 2 3 4 5 6 7 8 9 10 BACKUS, CARRANZA & BURDEN 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 11 12 13 Plaintiff’s office has been involved in creating a new law firm which will go into effect January 1, 2021. Plaintiff’s office has been riddled with Covid since right after Thanksgiving and most people have been out. Plaintiff’s counsel has also been involved in numerous depositions and arbitrations in the following matters: Minchey v. Visconti, Case No. A-20-808022-C; Day v. Amburgey, Case No. A-20-811212-C; Gladney v. Albertsons, Case No. 2:20-CV-1653; Sandoval v. Enterprise Rent-A-Car, Case No. A-20-815323-C; Tesar v. Serene Limited Liability Company, Case No. A-20-815614-C; Gonzalez v. Gutierrez-Perez, Case No. A-20-811340-C; and Warren v. Llanos, Case No. 20C010536. Plaintiff was also involved in a divorce trial in the matter of Rodriguez v. Rodriguez, Case No. D-19-601302-D, Sharpless v. 99 Cents Only Store, Case No. A19-806667-C; Norman v. GEICO, Case No. 2:20-CV-1214; Chire v. The Cannery Hotel and Casino, Case No. A-20-818960-C. Plaintiff was further involved in two Internal Affairs Bureau hearings/trials which required a great deal of his time. 14 Since the date of the last extension, Defendant’s office has been involved in numerous 15 depositions and other obligations including in the following matters: Crane Co adv. Potter, Case 16 No. 2:20-CV-00276 (mass tort- asbestos matter); Dr. Parson adv. Taravella, Case No. CV-C-18- 17 570 (professional malpractice matter); Dr. Harmon adv. Schlieve, Case No. 19-10DC-05661 18 (professional malpractice matter); Dr. Dumler adv. Stephenson, A-19-791000-C (professional 19 malpractice matter); and Costco adv. Shutt, Case 2:20-cv-00567-KJD-EJY (personal injury 20 matter). 21 Further, the parties initially devoted several weeks to negotiating and ultimately agreeing 22 to the Stipulated Confidentiality Agreement and Protective Order, which was entered on 23 September 21, 2020. Be agreeing to the same, the parties hope to facilitate the exchange of 24 confidential and/or proprietary material during discovery which could avoid delays as this case 25 moves forward. 26 V. 27 28 PROPOSED SCHEDULE FOR COMPLETING DISCOVERY. This request for an extension of time is not sought for any improper purpose or other purpose of delay. The parties respectfully submit that this constitutes good cause for the 5 Case 2:20-cv-00967-JAD-BNW Document 20 Filed 02/22/21 Page 6 of 7 1 2 3 4 5 6 7 8 9 10 extension. The following is a list of the current discovery deadlines and the parties’ proposed extended deadlines. Scheduled Event Current Deadline Proposed Deadline Discovery Cut Off April 22, 2021 June 21, 2021 Amend Pleadings/Add Parties Closed Closed Initial Expert Disclosures February 22, 2021 April 23, 2021 Rebuttal Expert Disclosures March 22, 2021 May 21, 2021 Dispositive Motions May 24, 2021 July 23, 2021 Joint Pre-Trial Order June 28, 2021 August 26, 2021 BACKUS, CARRANZA & BURDEN 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 11 12 This is the third request for extension of time in this matter. The parties submit that the reasons set forth above constitute good cause for the requested extension. 13 14 15 DATED this 22nd day of February, 2021. DATED this 22nd day of February, 2021. BACKUS, CARRANZA & BURDEN 16 Mountain Vista Law Group 17 18 19 20 21 22 By: By: /s/ Edgar Carranza____________ Edgar Carranza, Esq. Nevada Bar No. 5902 3050 South Durango Drive Las Vegas, Nevada 89117 Attorney for Defendants COSTCO WHOLESALE CORPORATION /s/ Peter M. Angulo_________ Peter M. Angulo, Esq. Nevada Bar No. 3672 5545 S. Mountain Vista Street, Suite F Las Vegas, Nevada 891206 Attorneys for Plaintiff MICHELLE CHISM 23 ORDER 24 IT that the parties' stipulation is GRANTED. However, the Court instructs ITISISORDERED SO ORDERED… the parties that it is not inclined to grant any additional discovery extensions absent extraordinary circumstances establishing good cause. DATED this ____ day of February, 2021. IT IS SO ORDERED 25 26 27 28 DATED: 6:24 pm, February 25, 2021 ____________________________________ UNITED STATES MAGISTRATE JUDGE 6 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE Case 2:20-cv-00967-JAD-BNW Document 20 Filed 02/22/21 Page 7 of 7 Patti Sherretts From: Sent: To: Cc: Subject: manthis@angulolawgroup.com Monday, February 22, 2021 4:48 PM Edgar Carranza pangulo@angulolawgroup.com; Patti Sherretts RE: Costco adv. Chism... Peter is good with it. Please use his e signature and file. Margaret Anthis, Legal Secretary Angulo Law Group, LLC 5545 S. Mountain Vista Street, Suite F Las Vegas, Nevada 89120 (702) 384 8000 manthis@angulolawgroup.com This email transmission and any attachments are for the sole use of the intended recipient(s) and may contain confidential and privileged information that is the sole property of the sender. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy and delete all copies of this email and any attachments. From: Edgar Carranza <edgarcarranza@backuslaw.com> Sent: Monday, February 22, 2021 11:54 AM To: manthis@angulolawgroup.com Cc: pangulo@angulolawgroup.com; Patti Sherretts <pattisherretts@backuslaw.com> Subject: Costco adv. Chism... Margaret: Attached is the proposed stipulation and order to continue the scheduling order deadlines. If Peter is agreeable, please confirm that we have his authority to include his electronic signature. Thank you. Edgar Carranza, Esq. Backus, Carranza & Burden 3050 South Durango Drive Las Vegas, Nevada 89117 (702) 872 5555 office (702) 872 5545 fax 1
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