Kovar v. GMRI, Inc., No. 2:2020cv01819 - Document 13 (D. Nev. 2021)

Court Description: ORDER granting 12 Stipulation to Extend Discovery Deadlines. Discovery due by 6/28/2021. Motions due by 7/27/2021. Proposed Joint Pretrial Order due by 8/26/2021. Signed by Magistrate Judge Brenda Weksler on 1/11/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Kovar v. GMRI, Inc. Doc. 13 Case 2:20-cv-01819-JCM-BNW Document 12 Filed 01/07/21 Page 1 of 8 1 JOSH COLE AICKLEN Nevada Bar No. 07254 2 Josh.aicklen@lewisbrisbois.com PAUL A. SHPIRT 3 Nevada Bar No. 10441 Paul.shpirt@lewisbrisbois.com 4 JENNIFER R. LANAHAN Nevada Bar No. 14561 5 Jennifer.lanahan@lewisbrisbois.com LEWIS BRISBOIS BISGAARD & SMITH LLP 6 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 7 TEL: 702.893.3383 FAX: 702.893.3789 8 Attorneys for Defendant GMRI, INC. d/b/a THE OLIVE GARDEN ITALIAN RESTAURANT 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 RACHEL W. KOVAR, 14 15 16 17 18 Plaintiffs, vs. GMRI, INC. d/b/a THE OLIVE GARDEN ITALIAN RESTAURANT, a Florida foreign corporation; DOE Individuals I through X; and ROE Corporations and Organizations I through V, inclusive, 19 CASE NO. 2:20-cv-01819-JCM-BNW STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES [FIRST REQUEST] Defendants. 20 21 COME NOW, Defendant GMRI, INC. d/b/a THE OLIVE GARDEN ITALIAN 22 RESTAURANT (“Defendant”) and Plaintiff RACHEL W. KOVAR (“Plaintiff”), by and through 23 their respective counsel of record, and pursuant to LR 6-1 and LR 26-3, hereby stipulate and 24 request that all current discovery deadlines in the above-captioned case be continued for a period 25 of ninety (90) days. In addition, the parties request that all other future deadlines contemplated by 26 the Scheduling Order be extended pursuant to Local Rule. In support of this Stipulation and 27 Request, the parties state as follows: LEWIS 28 1. On September 30, 2020, Defendant filed its Petition for Removal regarding Eighth BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4838-7479-2662.1 Dockets.Justia.com Case 2:20-cv-01819-JCM-BNW Document 12 Filed 01/07/21 Page 2 of 8 1 Judicial District Court Case No. A-20-820490-C. [ECF No. 1] 2 2. On September 30, 2020, Defendant answered Plaintiff’s Complaint in the federal 3 court action. [ECF No. 5] 4 3. On October 13, 2020, the parties conducted an initial FRCP 26(f) conference. 5 4. On October 16, 2020, Plaintiff served her FRCP 26 Initial Disclosures on 6 Defendant. 7 5. On October 27, 2020, Defendant served its FRCP 26 Initial Disclosures on 8 Plaintiff. 9 6. On October 27, 2020, the parties filed a Stipulated Discovery Plan and Scheduling 10 Order. [ECF No. 9] 11 7. On October 29, 2020, the parties submitted the Joint Status Report as ordered by 12 ECF No. 6. [ECF No. 10] 13 8. On November 3, 2020, Plaintiff served interrogatories and requests for production 14 of documents on Defendant. 15 9. On November 11, 2020, Defendant served interrogatories, requests for admissions, 16 and requests for production of documents on Plaintiff. 17 10. On November 12, 2020, the Court denied the parties’ Discovery Plan and 18 Scheduling Order [ECF No. 9] and issued the currently operative Scheduling Order. [ECF No. 11] 19 11. On December 2, 2020, Defendant served it responses to Plaintiff’s written 20 discovery requests. 21 12. On December 7, 2020, Plaintiff’s counsel requested, and Defendant’s counsel 22 agreed to, an extension for Plaintiff to respond to Defendant’s written discovery requests. 23 13. On December 28, 2020, Plaintiff served her responses to Defendant’s written 24 discovery requests. 25 26 DISCOVERY REMAINING 1. Plaintiff will take the deposition of Defendant’s employee witness involved in the 27 subject accident. LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 28 4838-7479-2662.1 2 Case 2:20-cv-01819-JCM-BNW Document 12 Filed 01/07/21 Page 3 of 8 1 2. Defendant will take the deposition of Plaintiff. 2 3. The parties will designate initial expert witnesses. 3 4. The parties will designate rebuttal expert witnesses. 4 5. The parties will take the depositions of the designated expert witnesses. 5 6. The parties will take the depositions of any and all other witnesses garnered 6 through discovery. 7 7. The parties will continue to gather relevant records. 8 WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED 9 Pursuant to Local Rule 26-3, the parties aver that good cause exists for the following 10 requested extension. This Request for an extension of time is not sought for any improper purpose 11 or other purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing 12 sufficient time to conduct discovery. The parties are actively engaging in scheduling the 13 depositions of Plaintiff and Defendant’s employee witness to the subject incident. Nonetheless, the 14 COVID-19 pandemic has slowed the parties’ ability to streamline discovery. 15 Pursuant to the above, the parties have conferred and request an extension of the current 16 deadlines as they will not currently suffice for the logistics of this case. 17 EXTENSION OR MODIFICATION OF THE DISCOVERY PLAN AND 18 SCHEDULING ORDER 19 LR 26-3 governs extensions of the Discovery Plan and Scheduling Order. Any stipulation 20 or motion to extend or modify that Discovery Plan and Scheduling Order must be made no later 21 than twenty-one (21) days before the expiration of the subject deadline and must comply fully 22 with LR 26-3. 23 This is the first request for extension of time in this matter. The parties respectfully submit 24 that the reasons set forth above constitute compelling reasons for the extension. 25 The following is a list of the current discovery deadlines and the parties’ proposed 26 extended deadlines: 27 / / / LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 28 4838-7479-2662.1 3 Case 2:20-cv-01819-JCM-BNW Document 12 Filed 01/07/21 Page 4 of 8 1 Event 2 Expert Disclosure pursuant to January 28, 2021 FRCP 26(a)(2) Rebuttal Expert Disclosure February 27, 2021 pursuant to FRCP 26(a)(2) Discovery Cut-off March 29, 2021 June 28, 2021 Dispositive Motions April 28, 2021 July 27, 2021 Joint Pretrial Order May 28, 2021 August 26, 2021 3 4 5 6 Current Deadline Proposed Deadline April 28, 2021 May 28, 2021 7 8 9 10 11 12 WHEREFORE, the parties respectfully request that all current discovery deadlines in the above-captioned case be continued for a period of ninety (90) days, as outlined in accordance with the table above. DATED this 7th day of January, 2021. DATED this 7th day of January, 2021. LEWIS BRISBOIS BISGAARD & SMITH LLP O’REILLY LAW GROUP, LLC 13 /s/Josh Cole Aicklen 14 JOSH COLE AICKLEN 15 Nevada Bar No. 07254 PAUL A. SHPIRT 16 Nevada Bar No. 10441 JENNIFER R. LANAHAN 17 Nevada Bar No. 14561 6385 S. Rainbow Boulevard, Suite 600 18 Las Vegas, Nevada 89118 /s/Timothy R. O’Reilly TIMOTHY R. O’REILLY, ESQ. Nevada Bar No. 8866 O’REILLY LAW GROUP, LLC 325 S. Maryland Parkway Las Vegas, NV 89101 19 Attorneys for Defendant 20 GMRI, INC. d/b/a THE OLIVE GARDEN ITALIAN RESTAURANT 21 ORDER 22 IT IS SO ORDERED 23 DATED: 3:50 pm, January 11, 2021 24 GERALD I. GILLOCK, ESQ. Nevada Bar No. 51 GERALD I. GILLOCK & ASSOCIATES 428 South Fourth Street Las Vegas, NV 89101 SAMUEL MIREJOVSKY, ESQ. Nevada Bar No. 13919 ASHLEY M. WATKINS, ESQ. Nevada Bar No. 13981 SAM & ASH, LLP 1108 S. Casino Center Las Vegas, NV 89104 25 26 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 27 LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 28 4838-7479-2662.1 4 Attorneys for Plaintiff RACHEL W. KOVAR Case 2:20-cv-01819-JCM-BNW Document 12 Filed 01/07/21 Page 7 of 8 Abrante, Tina From: Sent: To: Cc: Subject: Attachments: Timothy R. O'Reilly <tor@oreillylawgroup.com> Thursday, January 7, 2021 1:56 PM Lanahan, Jennifer Shpirt, Paul; Abrante, Tina; gchavez@gmk-law.com; Gerald Gillock; Tracie M. Jefcik [EXT] RE: Rachel Kovar v. GMRI - Extending deadlines Kovar v. Olive Garden - SAO to Extend Discovery Deadlines (First Request).docx Follow Up Flag: Flag Status: Follow up Flagged Categories: JENNIFER JENNIFER JENIFFER External Email You have permission to e-sign my name for the Plaintiffs. Timothy R. O’Reilly, Esq. 325 S. Maryland Parkway Las Vegas, Nevada 89101 P: 702-382-2500 | F: 702-384-6266 E: tor@oreillylawgroup.com W: www.oreillylawgroup.com This e-mail message and any attachments are confidential and may be attorney-client privileged. Dissemination, distribution or copying of this message or attachments without proper authorization is strictly prohibited. If you are not the intended recipient, please notify O'Reilly Law Group immediately by telephone or by e-mail, and permanently delete the original, and destroy all copies, of this message and all attachments. For further information, please visit oreillylawgroup.com. From: Lanahan, Jennifer <Jennifer.Lanahan@lewisbrisbois.com> Sent: Thursday, January 7, 2021 10:49 AM To: Timothy R. O'Reilly <tor@oreillylawgroup.com> Cc: Shpirt, Paul <Paul.Shpirt@lewisbrisbois.com>; Abrante, Tina <Tina.Abrante@lewisbrisbois.com>; gchavez@gmklaw.com; Gerald Gillock <gillock@gmk-law.com>; Tracie M. Jefcik <TMJ@oreillylawgroup.com> Subject: RE: Rachel Kovar v. GMRI - Extending deadlines Importance: High Counsel, Pursuant to my earlier email, please see the proposed SAO to Extend Discovery Deadlines attached to this email for your review. Jennifer 1 Case 2:20-cv-01819-JCM-BNW Document 12 Filed 01/07/21 Page 8 of 8 Jennifer R. Lanahan Attorney Jennifer.Lanahan@lewisbrisbois.com T: 702.693.4387 F: 702.366.9563 6385 South Rainbow Blvd., Suite 600, Las Vegas, NV 89118 | LewisBrisbois.com Representing clients from coast to coast. View our locations nationwide. This e-mail may contain or attach privileged, confidential or protected information intended only for the use of the intended recipient. If you are not the intended recipient, any review or use of it is strictly prohibited. If you have received this e-mail in error, you are required to notify the sender, then delete this email and any attachment from your computer and any of your electronic devices where the message is stored. From: Lanahan, Jennifer Sent: Thursday, January 7, 2021 8:51 AM To: Timothy R. O'Reilly <tor@oreillylawgroup.com> Cc: Shpirt, Paul <Paul.Shpirt@lewisbrisbois.com>; Abrante, Tina <Tina.Abrante@lewisbrisbois.com>; gchavez@gmklaw.com; Gerald Gillock <gillock@gmk-law.com>; Tracie Jefcik <TJ1@oreillylawgroup.com> Subject: Rachel Kovar v. GMRI - Extending deadlines Good morning Timothy, Would you be willing to stipulate to extend the discovery deadlines by 3 months? Initial expert disclosures are already coming up on 1/28, and I don’t know that that gives us enough time. Let me know. Thanks! Jennifer R. Lanahan Attorney Las Vegas Rainbow 702.693.4387 or x7024387 2