Oseguera v. Postmates, LLC et al, No. 2:2022cv00216 - Document 31 (D. Nev. 2022)
Court Description: ORDER Granting 29 Stipulation for Extension of Time. Signed by Magistrate Judge Elayna J. Youchah on 6/2/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Oseguera v. Postmates, LLC et al Doc. 31 Case 2:22-cv-00216-JAD-EJY Document 31 Filed 06/02/22 Page 1 of 6 1 Joel D. Odou Nevada Bar No. 7468 2 Susana Santana Nevada Bar No. 13753 3 WOOD, SMITH, HENNING & BERMAN LLP 2881 Business Park Court, Suite 200 4 Las Vegas, Nevada 89128-9020 Phone: 702 251 4100 ♦ Fax: 702 251 5405 5 jodou@wshblaw.com ssantana@wshblaw.com 6 Attorneys for Postmates, LLC, Postmates, Inc. 7 and Timothy Allen Vandyke 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA, SOUTHERN DIVISION 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 JOVANNI OSEGUERA, an individual, Case No. 2:22-cv-00216-JAD-EJY 12 Plaintiff, 13 v. STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) 14 POSTMATES, LLC; POSTMATES, INC; 15 TIMOTHY ALLEN VANDYKE; and DOES 1 through 10, inclusive, and ROE 16 CORPORATIONS 1 - 10 inclusive, 17 Trial Date: None Set Defendants. 18 19 Defendant, TIMOTHY ALLEN VANDYKE filed a Notice of Chapter 7 Bankruptcy on 20 April 11, 2022 in the United States Bankruptcy Court for the Middle District of Pennsylvania, Case 21 Number 4:22-bk-00658-MJC. On May 5, 2022 TIMOTHY ALLEN VANDYKE filed a Notice of 22 Bankruptcy before this Court. See, ECF 26. Pursuant to LR 6-1 and LR 26-3, and for good cause 23 shown, the parties, by and through their respective counsel of record hereby stipulate and agree to 24 and jointly move this Honorable Court for an order to continue discovery until the automatic stay in 25 place due to the bankruptcy filing is lifted. This is the first stipulation for extension of time to 26 complete discovery. 27 A. DISCOVERY COMPLETED TO DATE 28 The parties have completed the following disclosures and discovery: Case No. 2:22-cv-00216-JAD-EJY -1STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) Dockets.Justia.com 24635586.1:05472-0748 Case 2:22-cv-00216-JAD-EJY Document 31 Filed 06/02/22 Page 2 of 6 1 1. Defendants Postmates, LLC, Postmates, Inc. and Timothy Allen Vandyke served 2 their initial disclosure on March 18, 2022. 3 2. Plaintiff served his initial disclosure on March 23, 2022. 4 3. Defendants Postmates, LLC, Postmates, Inc. and Timothy Allen Vandyke served 5 their first supplemental disclosure on April 12, 2022. 6 4. Defendant Postmates, LLC issued interrogatories to Plaintiff on April 19, 2022. 7 5. Defendant Postmates, LLC issued requests for production to Plaintiff on April 19, 6. Defendant Postmates, LLC issued requests for admission to Plaintiff on April 19, 7. During this time, the parties were also in discussions to schedule an Independent 8 2022. 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 2022. 12 Medical Examination of Plaintiff with Dr. Wang, and were working out parameters for the same. 13 8. Defendant, Timothy Allen Vandyke filed a Notice of Chapter 7 Bankruptcy on April 14 11, 2022 in the United States Bankruptcy Court for the Middle District of Pennsylvania, Case 15 Number 4:22-bk-00658-MJC. See, ECF 26. 16 9. On May 5, 2022, Defendant, Timothy Allen Vandyke, filed a NOTICE OF 17 BANKRUPTCY regarding his Chapter 7 Bankruptcy before this Court. See, ECF 26. 18 10. On May 9, 2022 Plaintiff filed a Motion to Lift Automatic Stay Pursuant to 11 U.S.C. 19 §362 to allow him to liquidate his claims against debtor, Timothy Allen Vandyke, and pursue recovery 20 from insurance policies and proceeds. See, ECF 28. 21 11. Plaintiff served his first supplemental disclosure on May 9, 2022. 22 12. On May 20, 2022 Defendants, Postmates, LLC, Postmates, Inc. and Timothy Allen 23 Vandyke filed an Opposition to Plaintiff's Motion to Lift Automatic Stay Pursuant to 11 U.S.C. §362. 24 See, ECF 27. 25 B. DISCOVERY REMAINING TO BE COMPLETED 26 1. Depositions of parties and/or witnesses; 27 2. Depositions of person(s) most knowledgeable; 28 3. Depositions of treating physicians; Case No. 2:22-cv-00216-JAD-EJY -2STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) 24635586.1:05472-0748 Case 2:22-cv-00216-JAD-EJY Document 31 Filed 06/02/22 Page 3 of 6 1 4. Initial expert reports; 2 5. Rebuttal reports; 3 6. Expert depositions; 4 7. Additional written discovery; 5 8. Disclosure of additional documents; 6 9. Subpoena/Obtain additional documents as necessary; 7 10. The parties also anticipate that they may need to conduct other forms of discovery, 8 though not specifically delineated herein, and anticipate doing so only on an as-needed basis. 9 C. A scheduling order can be modified "for good cause and with the judge's consent." FRCP 11 16(b)(4). "A motion or stipulation to extend time must state the reasons for the extension requested 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 REASON FOR REQUEST FOR EXTENSION OF DISCOVERY DEADLINES 12 and must inform the court of all previous extensions of the subject deadline the court granted." LR 13 AI 6-1 (a). "District courts should generally allow amendments of pre-trial orders when 'no 14 substantial injury will be occasioned to the opposing party, the refusal to allow the amendment might 15 result in injustice to the movant, and the inconvenience to the court is slight.'" Campbell Industries 16 v. M/V Gemini, 619 F.2d 24, 27-28 (9th Cir. 1980) (quoting Angle v. Sky Chef, Inc., 535 F.2d 492, 17 495 (9th Cir. 1976); Sherman v. United States, 462 F.2d 577, 579 (5th Cir. 1972)). 18 Here, Defendant, TIMOTHY ALLEN VANDYKE filed a Notice of Chapter 7 Bankruptcy 19 on April 11, 2022 in the United States Bankruptcy Court for the Middle District of Pennsylvania, 20 Case Number 4:22-bk-00658-MJC. On May 5, 2022, Defendant, Timothy Allen Vandyke, filed a 21 NOTICE OF BANKRUPTCY regarding his Chapter 7 Bankruptcy before this Court. See, ECF 26. 22 Therefore, pursuant to LR 6-1 and LR 26-3, and for good cause shown, the parties, by and through 23 their respective counsel of record hereby stipulate and agree to and jointly move this Honorable 24 Court for an order to continue discovery until the automatic stay in place due to the bankruptcy 25 filing is lifted. This is the first stipulation for extension of time to complete discovery. 26 There is no dispute among the parties that an extension would cause any injury or injustice, 27 and that a refusal of extension could prejudice the parties. The parties were further engaged in 28 extensive discovery efforts prior to the bankruptcy filing, and have diligently worked to continue to Case No. 2:22-cv-00216-JAD-EJY -3STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) 24635586.1:05472-0748 Case 2:22-cv-00216-JAD-EJY Document 31 Filed 06/02/22 Page 4 of 6 1 conduct discovery in an effort to complete the same. The parties were coordinating efforts to 2 schedule Plaintiff for an Independent Medical Examination with Dr. Wang. Additionally, prior to 3 the automatic stay Plaintiff counsel had been replaced in this matter, and time to get up to speed 4 would be beneficial. The parties were also engaged in written discovery efforts and continued to 5 exchange documentation and discovery responses as they became due. The parties further 6 contemplated early resolution efforts amidst discovery efforts and were fleshing out the same. 7 Furthermore, three separate suits have been filed pertaining to the car accident at hand1 which 8 occurred on November 6, 2019. Thus, additional coordination efforts were undertaken by counsel 9 for Defendants Postmates, LLC and Timothy Allen Vandyke, in order to address challenges that 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 impact all 3 matters as they each have an independent discovery schedule. In sum, the parties have diligently conducted discovery up to this point and due to Mr. 12 Timothy Allen Vandyke's Notice of Bankruptcy which automatically stays discovery, the same is 13 at a stand-still. Therefore, good cause exists for modification of the current scheduling order to avoid 14 prejudice to the parties and ensure no harm will result from the automatic discovery stay, and that 15 once the stay is lifted the parties will be given enough time to re-schedule all outstanding discovery. 16 D. CURRENT SCHEDULE TO COMPLETE REMAINING DISCOVERY: 17 Amend pleadings/Add parties: Not applicable 18 Initial experts: June 3, 2022 19 Rebuttal experts: July 4, 2022 20 Discovery Cutoff August 3, 2022 21 Dispositive Motions September 2, 2022 22 Joint Pre-Trial Order October 8, 2022 23 E. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 24 Amend pleadings/Add parties: Not applicable 25 Initial experts TBD until automatic stay lifted 26 27 1 The three lawsuits include the suit at hand Oseguera v. Postmates, et. al. (2:22-cv-00216-JADEJY), Ramirez v. Postmates, LLC, et. al. (A-21-843552-C), and Salas v. Postmates, et. al. (2:21-cv28 02031-JAD-NJK). Case No. 2:22-cv-00216-JAD-EJY -4STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) 24635586.1:05472-0748 Case 2:22-cv-00216-JAD-EJY Document 31 Filed 06/02/22 Page 5 of 6 1 Rebuttal experts: TBD until automatic stay lifted 2 Discovery Cutoff TBD until automatic stay lifted 3 Dispositive Motions TBD until automatic stay lifted 4 Joint Pre-Trial Order TBD until automatic stay lifted 5 F. CURRENT TRIAL DATE: 6 No trial is yet scheduled in this matter. A joint proposed pretrial order is due on July 8, 2022, 7 or 30 days following this Court's ruling on any dispositive motions, if filed. The parties seek that 8 the same be due 30 days after this Court's ruling on dispositive motions. 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 9 G. REQUEST NUMBER: 10 This is the first request for an extension of time to complete discovery. 11 Wherefore, the parties respectfully request that the Court grant this request to extend the 12 discovery deadlines as outlined above. 13 IT IS SO AGREED. 14 Dated: June 2, 2022 Dated: June 2, 2022 15 WOOD, SMITH, HENNING & BERMAN LLP MOSS BERG INJURY LAWYERS /s/ Susana Santana JOEL D. ODOU Nevada Bar No. 7468 SUSANA SANTANA Nevada Bar No. 13753 2881 Business Park Court, Suite 200 Las Vegas, NV 89128 /s/ Boyd Moss III BOYD MOSS III Nevada Bar No. 8856 JOHN C. FUNK Nevada Bar No. 9255 4101 Meadows Lane Suite 110 Las Vegas, NV 89107 Attorneys for Postmates, LLC, Postmates, Inc., and Timothy Allen Vandyke Attorneys for Plaintiff Jovanni Oseguera 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 2:22-cv-00216-JAD-EJY -5STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) 24635586.1:05472-0748 Case 2:22-cv-00216-JAD-EJY Document 31 Filed 06/02/22 Page 6 of 6 Oseguera. v. Postmates, LLC. et. al. Case Number: 2:22-cv-00216-JAD-EJY 1 2 3 4 ORDER Pursuant to stipulation by the parties and for good cause shown, the deadlines and discovery 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 5 schedule in this case are extended and continued as follows: 6 Amend pleadings/Add parties: Not applicable 7 Initial experts TBD until automatic stay lifted 8 Rebuttals TBD until automatic stay lifted 9 Discovery Cutoff TBD until automatic stay lifted 10 Dispositive Motions TBD until automatic stay lifted 11 Joint Pre-Trial Order TBD until automatic stay lifted 12 13 14 IT IS SO ORDERED. 2 2022 Dated: June ____, 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 Respectfully Submitted By: 19 WOOD, SMITH, HENNING & BERMAN LLP 20 21 22 23 24 25 26 /s/ Susana Santana JOEL D. ODOU Nevada Bar No. 7468 SUSANA SANTANA Nevada Bar No. 13753 2881 Business Park Court, Suite 200 Las Vegas, NV 89128 Attorneys for Postmates, LLC, Postmates, Inc., and Timothy Allen Vandyke 27 28 Case No. 2:22-cv-00216-JAD-EJY -6STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) 24635586.1:05472-0748
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