Cox et al v. Lewis et al, No. 2:2020cv01792 - Document 25 (D. Nev. 2021)
Court Description: ORDER Granting 23 Stipulation for Extension of Time re Discovery Plan and Scheduling Order (Second Request) re 21 Order on Stipulation, Scheduling Order. Discovery due by 2/28/2022. Motions due by 4/1/2022. Proposed Joint Pretrial Order due by 5/2/2022. Signed by Magistrate Judge Daniel J. Albregts on 10/20/2021. (Copies have been distributed pursuant to the NEF - YAW)
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Cox et al v. Lewis et al 1 2 3 4 5 6 Doc. 25 JASON J. BACH Nevada Bar No. 7984 THE BACH LAW FIRM, LLC 7881 W. Charleston Blvd., Suite 165 Las Vegas, Nevada 89117 Telephone: (702) 925-8787 Facsimile: (702) 925-8788 Email: jbach@bachlawfirm.com Attorney for Plaintiffs 7 UNITED STATES DISTRICT COURT 8 9 10 DISTRICT OF NEVADA MICHELLE COX, individually, and as parent and next friend of M.C., 11 12 13 14 15 Civil Action No. 2:20-cv-01792-JCM-DJA Plaintiffs, v. RYAN LEWIS, individually, and in his official capacity; JORGE PALACIOS, individually, and in his official capacity; and CLARK COUNTY SCHOOL DISTRICT, STIPULATION AND ORDER TO EXTEND DISCOVERY PLAN AND SCHEDULING ORDER DEADLINES (SECOND REQUEST) Defendants. 16 17 Pursuant to LR IA 6-1, LR IA 6-2 and LR 26-3, Michelle Cox (“Mrs. Cox”), individually, 18 and as parent and next friend of M.C. (collectively, “Plaintiffs”) and Defendants Ryan Lewis, Jorge 19 Palacios, and Clark County School District (“CCSD,” collectively with Mr. Lewis and Ms. 20 Palacios, the “Defendants”), by and through their respective counsel of record, hereby stipulate 21 and request that this Court extend all discovery deadlines set forth in the Order [Docket No. 21] 22 granting the parties’ Stipulation to Extend Discovery Deadlines (First Request), entered in the 23 above-captioned case, approximately sixty (60) days as outlined herein. This Stipulation is being 24 entered in good faith and not for purposes of delay. -1Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 A. DISCOVERY COMPLETED PLAINTIFFS’ DISCOVERY 1. On January 26, 2021, Plaintiffs disclosed their Rule 26(a)(1) Initial Disclosure of Witnesses and Documents; 2. On April 12, 2021, Plaintiffs disclosed their Rule 26(a)(1) Supplemental Disclosure of Witnesses and Documents; 3. On April 12, 2021, Plaintiff Michelle Cox served her Responses to Defendants’ First Set of Interrogatories, First Requests for Production and First Request for Admissions; 4. On April 12, 2021, Plaintiff M.C. served their Responses to Defendants’ First Set of Interrogatories and First Requests for Production; 5. On April 12, 2021, Plaintiff Michelle Cox served her First Set of Interrogatories and First Request for Production upon Defendant Clark County School District; 6. On April 12, 2021, Plaintiff Michelle Cox served her First Set of Interrogatories and First Request for Admissions upon Defendant Ryan Lewis; 7. On April 12, 2021, Plaintiff Michelle Cox served her First Set of Interrogatories and First Request for Admissions upon Defendant Jorge Palacios; 17 8. 18 Interrogatories; 19 9. 20 21 22 23 24 On June 8, 2021, Plaintiffs served their Responses to Defendants’ Second Set of On June 8, 2021, Plaintiffs disclosed their Rule 26(a)(1) Second Supplemental Disclosure of Witnesses and Documents; 10. On June 16, 2021, Plaintiff Michelle Cox served her Responses to Defendants’ Second Requests for Production; 11. On June 16, 2021, Plaintiffs disclosed their Rule 26(a)(1) Third Supplemental Disclosure of Witnesses and Documents; -2- 12. 1 2 examination with Defendant’s expert witness, Dr. Lewis Etcoff; 13. 3 4 On August 9, 2021, Plaintiff Michelle Cox attended her independent medical On August 11, 2021, Plaintiff M.C. attended their independent medical examination with Defendant’s expert witness, Dr. Lewis Etcoff; 5 14. On October 13, 2021, Plaintiff took the deposition of Defendant Ryan Lewis; 6 15. On October 13, 2021, Plaintiff took the deposition of Defendant Jorge Palacios; 16. On October 14, 2021, Plaintiff took the deposition of Dr. Tammy Malich. 7 8 9 and DEFENDANTS’ DISCOVERY 10 1. 11 and Documents; 12 2. 13 14 15 3. 17 Plaintiffs; 18 5. 21 22 23 On February 24, 2021, Defendants served their First Set of Interrogatories and First Request for Production of Documents upon Plaintiff M.C.; 4. 20 On February 24, 2021, Defendants served their First Request for Admissions, First Set of Interrogatories and First Request for Production of Documents upon Plaintiff Michelle Cox; 16 19 On January 26, 2021, Defendants disclosed their Initial Disclosure of Witnesses On April 29, 2021, Defendants served their Second Set of Interrogatories upon On May 17, 2021, Defendants served their Second Request for Production of Documents upon Plaintiff Michelle Cox; 6. On May 26, 2021, Defendants disclosed their First Supplemental Disclosure of Witnesses and Documents; 7. On May 27, 2021, Defendants Jorge Palacios and Ryan Lewis served their Responses to Plaintiff Michelle Cox’s First Request for Admissions; 24 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 8. On June 9, 2021, Defendant CCSD served its Answers to Plaintiff Michelle Cox’s First Set of Interrogatories; 9. On June 11, 2021, Defendants Jorge Palacios and Ryan Lewis served their Responses to Plaintiff Michelle Cox’s First Set of Interrogatories; 10. On June 29, 2021, Defendants disclosed their Second Supplemental Disclosure of Witnesses and Documents; 11. On July 19, 2021, Defendant CCSD served its Responses to Plaintiff Michelle Cox’s Request for Production of Documents; 12. On July 27, 2021, Defendants disclosed their Third Supplemental Disclosure of Witnesses and Documents; 13. On August 4, 2021, Defendants disclosed their Fourth Supplemental Disclosure of Witnesses and Documents; 14. On August 9, 2021, Defendants disclosed their Fifth Supplemental Disclosure of Witnesses and Documents; 15. On August 27, 2021, Defendants disclosed their Sixth Supplemental Disclosure of Witnesses and Documents; and 16. On September 22, 2021, Defendants disclosed their Seventh Supplemental Disclosure of Witnesses and Documents. 19 B. DISCOVERY THAT REMAINS TO BE COMPLETED 20 The Parties are actively conducting discovery. Due to extreme backlog from COVID-19, 21 Plaintiffs were not able to attend their independent medical examinations with Dr. Lewis Etcoff, 22 until August 9, 2021, and August 11, 2021. Plaintiffs are unable to retain certain experts until they 23 have an opportunity to review Dr. Etcoff’s independent medical examination report, which is not 24 yet available to Plaintiffs. -4- 1 Defendants currently have the depositions of M.C. and Randy Cox set for November 3, 2 2021, and Plaintiff Michelle Cox for November 5, 2021. Plaintiff intends to set additional 3 depositions for November 2021. 4 For the reasons explained below, the Parties will need additional time to propound 5 additional written discovery, respond to written discovery, disclose experts and conduct additional 6 depositions. 7 C. SPECIFIC DESCRIPTION OF WHY EXTENSION IS NECESSARY 8 Pursuant to Local Rule 26-3, the Parties submit that good causes exists for the extension 9 requested. The Parties have been diligently conducting discovery and continue to conduct 10 discovery. However, additional time is needed for discovery due to the number of parties involved, 11 expert schedules, and because scheduling of depositions has been difficult based on the schedules 12 of counsel. 13 Defendant CCSD retained Dr. Louis Etcoff to conduct an independent medical 14 examination on both plaintiffs in this action. Dr. Etcoff had no availability to conduct these 15 evaluations until August 9, 2021, and August 11, 2021. To date, Plaintiff have yet to receive a 16 copy of Dr. Ectoff’s independent medical examination reports, thereby making it impossible for 17 Plaintiffs to meet the expert disclosure deadline at its present setting of November 1, 2021. As for 18 the remainder of discovery, Plaintiff contemplates extensive depositions in this case, which has 19 been complicated by busy schedules for both sides and the disclosure of their expert witness. 20 Depositions for Plaintiff M.C. and Randy Cox have been set for November 3, 2021, and Plaintiff 21 Michelle Cox’s deposition has been set for November 5, 2021. Plaintiff anticipates setting 22 additional depositions of CCSD employees, and other witnesses, in November 2021. 23 24 -5- D. 1 2 3 5 11 12 13 14 15 July 2, 2021 Past/ Unchanged Initial Expert Disclosures November 1, 2021 December 31, 2021 Rebuttal Expert Disclosures December 1, 2021 January 31, 2022 Discovery Cut-Off December 29, 2021 February 28, 2022 January 31, 2022 April 1, 2022 March 1, 2022 May 2, 2022 Pretrial Order 7 10 Proposed New Deadline Dispositive Motions 6 9 Current Deadline Amend Pleadings and Add Parties 4 8 PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DEADLINES Based on the foregoing stipulation and proposed deadlines plan, the Parties request that all discovery deadlines set forth in the Order [Docket No. 21] granting the parties’ Stipulation to Extend Discovery Deadlines (First Request) be extended an additional sixty (60) days, as stated herein, so that the parties may review Dr. Ectoff’s independent medical examination reports, propound additional written discovery, respond to written discovery, disclose experts and conduct additional depositions. /// /// 16 17 18 19 20 21 22 23 24 -6- 1 Dated this 19th day of October, 2021. Dated this 19th day of October, 2021. 2 THE BACH LAW FIRM, LLC MARQUIS AURBACH COFFING By: /s/ Jason J. Bach Jason J. Bach Nevada Bar No. 7984 7881 W. Charleston Blvd., Suite 165 Las Vegas, NV 89117 Attorneys for Plaintiff By:/s/ James A. Beckstrom Craig R. Anderson Nevada Bar No. 6882 James A. Beckstrom Nevada Bar No. 14032 10001 Park Run Drive Las Vegas, Nevada 89145 3 4 5 6 7 Clark County School District Office of the General Counsel Crystal J. Herrera Nevada Bar No. 12396 5100 West Sahara Avenue Las Vegas, Nevada 89146 Attorneys for Defendants 8 9 10 11 12 13 14 15 16 ORDER IT IS SO ORDERED. IT IS SO ORDERED this ____ day of ________________, 2021. DATED: October 20, 2021 ___________________________________ ______________________________ UNITED STATES MAGISTRATE JUDGE Daniel J. Albregts United States Magistrate Judge 17 18 19 20 21 22 23 24 -7-
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