Mozqueda-Leon v. American Builders & Contractors Supply Co., Inc. et al, No. 2:2022cv00594 - Document 16 (D. Nev. 2022)
Court Description: SCHEDULING ORDER Granting in Part and Denying in part 13 Discovery Plan and Scheduling Order. The scheduling deadlines set forth in the plan are GRANTED. The request contained in paragraph 15 for a conference with the Court before formal disco very motion practice is DENIED. The parties shall meet and confer and brief any discovery disputes in accordance with Local Rule 26-6. IT IS FURTHER ORDERED that the Clerk of Court assign this case to the Early Neutral Evaluation Program. Discovery due by 11/14/2022. Motions due by 12/14/2022. Proposed Joint Pretrial Order due by 1/13/2023. Signed by Magistrate Judge Daniel J. Albregts on 5/25/2022. (Copies have been distributed pursuant to the NEF - LOE)
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Mozqueda-Leon v. American Builders & Contractors Supply Co., Inc. et al 1 2 3 4 5 6 7 8 JAMES P. KEMP, ESQ. Nevada Bar No.: 6375 VICTORIA L. NEAL, ESQ. Nevada Bar No.: 13382 KEMP & KEMP 7435 W. Azure Drive, Suite 110 Las Vegas, NV 89130 702-258-1183 ph /702-258-6983 fax jp@kemp-attorneys.com vneal@kemp-attorneys.com Attorneys for Plaintiff Juan L. Mozqueda-Leon 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 ATTORNEYS AT LAW 7435 W. Azure Drive, Suite 110 LAS VEGAS, NEVADA 89130 Tel. (702) 258-1183 ♦ Fax (702) 258-6983 13 14 15 16 17 Case No.: 2:22-cv- 00594-RFB-DJA JUAN L. MOZQUEDA-LEON, 12 KEMP & KEMP Doc. 16 Plaintiff, vs. STIPULATED DISCOVERY PLAN AND SCHEDULING ORDER SUBMITTED IN COMPLIANCE WITH LR 26-1(b) AMERICAN BUILDERS & CONTRACTORS SUPPLY CO., INC., a foreign corporation; L&W SUPPLY CORPORATION, a foreign corporation; and, DOE INDIVIDUALS I through X; and ROE BUSINESS ENTITIES I through X, [SPECIAL SCHEDULING REVIEW REQUESTED] Defendants. 18 19 Plaintiff JUAN L. MOZQUEDA-LEON and Defendants AMERICAN BUILDERS & 20 CONTRACTORS SUPPLY CO., INC and L&W SUPPLY CORPORATION, by and through their 21 respective attorneys of record, hereby submit this Stipulated Discovery Plan and Scheduling Order 22 pursuant to Federal Rule of Civil Procedure 26(f) and Local Rule 26-1(b). The parties agree that 23 24 discovery will be needed on the underlying facts relating to Plaintiff’s claims, Plaintiff’s damages, and 25 the underlying facts relating to Defendants’ denials and affirmative defenses raised in the Answer. 26 … 27 28 1 Dockets.Justia.com 1 1. 2 Special Scheduling Review Requested And Fed. R. Civ. P. 26(a) Initial Disclosures: 3 Pursuant to Federal Rule of Civil Procedure 26(f) and Local Rule of Court 26-1(d), on 4 Wednesday, May 18, 2022, counsel for Plaintiff, Victoria L. Neal, Esq., of Kemp & Kemp, and 5 counsel for Defendants, Elody C. Tignor, Esq., of OGLETREE, DEAKINS, NASH, SMOAK & STEWART, 6 P.C., conducted a meeting to discuss the relevant issues for discovery, possible early resolution of the 7 8 ATTORNEYS AT LAW 7435 W. Azure Drive, Suite 110 LAS VEGAS, NEVADA 89130 Tel. (702) 258-1183 ♦ Fax (702) 258-6983 KEMP & KEMP 9 matter, and other pertinent issues. Pursuant to these discussions, the parties agree that they will submit their initial disclosures on or before Wednesday, June 1, 2022. 10 The parties also request special scheduling review. Local Rule 26-(b)(1) directs the parties to 11 measure the 180-day discovery period to begin when defendant first answered or otherwise appeared. 12 On March 12, 2022, Plaintiff filed this suit against Defendants in the Eighth Judicial District Court, 13 Case No. A-22-849618C. (ECF No. 1-2). Defendants timely removed to this Court on April 8, 2022, 14 albeit before being served with the Summons and Complaint, and proceeded to timely file the Answer 15 16 17 on April 15, 2022. (ECF Nos. 1 and 8). Defendants’ counsel has agreed to accept service of the Summons and Complaint no later than May 31, 2022. 18 The parties scheduled the Rule 26(f) conference at their earliest opportunity, approximately 19 one-month after the Answer was filed, on May 18, 2022. Given the timing, the parties request the 20 21 Court grant their request for Special Scheduling Review and grant their request to have the discovery period measured from the May 18, 2022, Rule 26(f) conference. 22 2. 23 Discovery Cut-Off Date: The parties will endeavor to complete discovery by Monday, November 14, 2022, 180 days 24 25 from May 18, 2022, the date of the Rule 26(f) conference. 26 … 27 … 28 2 1 3. 2 The date for filing motions to amend the pleadings or to add parties shall not be later than 3 Amending the Pleadings and Adding Parties: ninety (90) days prior to the discovery cut-off date and, therefore, not later than Tuesday, August 16, 4 2022. 5 4. 6 Fed. R. Civ. P. 26(a)(2) Disclosures (Experts): 7 In accordance with Rule 26(a)(2), initial disclosures identifying experts shall be made sixty 8 (60) days prior to the discovery cut-off date, and therefore, not later than Thursday, September 15, 9 2022. Disclosures identifying rebuttal experts shall be made thirty (30) days after the initial disclosure 10 of experts and, therefore, not later than Monday, October 17, 2022, as October 15, 2022, is a 11 Saturday. ATTORNEYS AT LAW 7435 W. Azure Drive, Suite 110 LAS VEGAS, NEVADA 89130 Tel. (702) 258-1183 ♦ Fax (702) 258-6983 KEMP & KEMP 12 5. 13 The parties shall file dispositive motions not more than (30) days after the discovery cut-off 14 15 Dispositive Motions: date and, therefore, not later than Wednesday, December 14, 2022. 16 6. 17 Pretrial Order: If no dispositive motions are filed, and unless otherwise ordered by this Court, the Joint 18 19 20 Pretrial Order shall be filed not more than thirty (30) days after the date set for filing dispositive motions and, therefore, not later than Friday, January 13, 2023. In the event a dispositive motion is 21 filed, the date for the filing pretrial order shall be suspended until thirty (30) days after the decision of 22 the dispositive motions or further order of the Court. In the further event that the discovery period is 23 extended from the discovery cut-off date set forth in this Stipulated Discovery Plan and Scheduling 24 25 Order, the date for filing the joint pretrial order shall be extended in accordance with the time set forth in this paragraph. 26 27 ... 28 3 1 7. 2 If no dispositive motions are filed, and unless otherwise ordered by this Court, the parties shall 3 Fed. R. Civ. P. 26(a)(3) Disclosures: file the disclosures required by Fed. R. Civ. P. 26(a)(3) and any objections thereto with the Pretrial 4 Order pursuant to Local Rule 26-1(b)(5) in the Joint Pretrial Order, not more than thirty (30) days after 5 6 the date set for filing dispositive motions and, therefore, not later than Friday, January 13, 2023. 7 8. 8 The parties certify they have met and conferred about the possibility of using alternative 9 Alternative Dispute Resolution & Request for ENE: dispute-resolution processes including mediation, arbitration and early neutral evaluation. 10 The parties hereby request the Court schedule a Early Neutral Evaluation (“ENE”) in this case 11 per Local Rule 16-5. In pertinent part, Local Rule 16-5 provides that “[t]he court may set any ATTORNEYS AT LAW 7435 W. Azure Drive, Suite 110 LAS VEGAS, NEVADA 89130 Tel. (702) 258-1183 ♦ Fax (702) 258-6983 KEMP & KEMP 12 13 14 15 appropriate civil case for settlement conference or other alternative method of dispute resolution (ADR). . . ” and that “[a]ll employment discrimination actions filed in this court must undergo early neutral evaluation as defined by this rule.” (LR 16-6(a)). 16 This is an appropriate case for an ENE. Plaintiff’s Complaint (ECF No. 1) states claims for: 1) 17 interference in violation of the Family Medical Leave Act of 1993 (herein “FMLA”); 2) 18 19 discrimination in violation of the Americans With Disabilities Act of 1990 as amended in January 2009, 42 U.S.C.A § 12101 et seq. (herein “ADAAA”); 3) discrimination based on disability in 20 21 violation of Nevada Revised Statute § 613.330 et seq.; 4) retaliation in violation of the Americans 22 With Disabilities Act of 1990 as amended in January 2009, 42 U.S.C.A. § 12101 et seq.; 5) retaliation 23 based on disability in violation of Nevada Revised Statute § 613.330 et seq.; 6) Retaliatory Discharge 24 in Violation of Public Policy – Workers’ Compensation; 7) discrimination and retaliation in violation 25 of 29 U.S.C § 621 et seq., the Age Discrimination in Employment Act of 1967 (herein “ADEA”), as 26 amended from time to time; 8) discrimination and retaliation based on age in violation of Nevada 27 28 4 1 Revised Statute § 613.330 et seq. Accordingly, the parties request the Court assign a Magistrate Judge 2 to preside over an ENE in this case, and that the assigned Magistrate Judge issue an ENE Order. 3 9. Alternative Forms of Case Disposition: 4 The parties certify they have considered consent to trial by a magistrate judge under 28 U.S.C. 5 6 7 § 636(c) and Fed.R.Civ.P.73 and the use of the Short Trial Program (General Order 2013-01) and do not consent to the same at this time. 8 10. 9 The parties certify they have discussed whether they intend to present evidence in electronic 10 format to jurors for the purposes of jury deliberations. Discussions between the parties will be 11 Electronic Evidence at Trial: ongoing as the trial date approaches and they stipulate that they intend to present any electronic ATTORNEYS AT LAW 7435 W. Azure Drive, Suite 110 LAS VEGAS, NEVADA 89130 Tel. (702) 258-1183 ♦ Fax (702) 258-6983 KEMP & KEMP 12 13 evidence in a format compatible with the court's electronic jury evidence display system. 11. 14 15 16 17 Electronically Stored Information: The parties have undertaken efforts to retain any electronically stored information relevant to this matter and have agreed that, unless the requesting party asks for a definite and specific form, the party producing any electronically stored information need not provide such information in any certain 18 19 20 form as long as the form provides the other party (ies) reasonable access to the information. The parties have further agreed that, to the extent any party seeks electronically stored information that 21 would be cumulative, burdensome or unduly costly to produce, counsel for the parties will meet and 22 confer in good faith should any dispute arise. 23 … 24 … 25 26 27 … … 28 5 1 12. 2 In accordance with Local Rule 26-3, a stipulation or motion for modification or extension of 3 Extensions or Modifications of the Discovery Plan and Scheduling Order: this discovery plan and scheduling order must be made no later than twenty (21) days before the 4 expiration of the subject deadline. 5 6 13. 7 The parties prefer to handle these issues on an ad hoc basis as no consensus can be reached in 8 advance. However, the parties agree to be bound by Federal Rule of Evidence 502 regarding the 9 disclosure of privileged material or work product. 10 14. 11 ATTORNEYS AT LAW 7435 W. Azure Drive, Suite 110 LAS VEGAS, NEVADA 89130 Tel. (702) 258-1183 ♦ Fax (702) 258-6983 12 KEMP & KEMP Protection of Privileged/Trial Preparation Materials: Fed.R.Civ.P. 45 – Notice to Other Parties Before Service Of Subpoena: Federal Rule of Civil Procedure 16(b)(3)(B) provides “[i]f the subpoena commands the 13 production of documents, electronically stored information, or tangible things or the inspection of 14 premises before trial, then before it is served on the person to whom it is directed, a notice and a copy 15 of the subpoena must be served on each party.” The parties agree to provide no less than 5 calendar 16 days’ notice via email or facsimile before serving a subpoena. 17 ** REMAINDER OF PAGE INTENTIONALLY LEFT BLANK** 18 19 20 21 22 23 24 25 26 27 28 6 1 15. 2 The parties agree that before moving for an order relating to discovery after complying with 3 Discovery Disputes: the Federal Rules of Civil Procedure and applicable Local Rules of the District, the moving party must 4 request a status conference with the Court pursuant to FRCP 16(b)(3)(v). 5 6 DATED this 23rd day of May 2022. 7 /s/ Victoria L. Neal James P. Kemp, Esq. Nevada Bar No. 6375 Victoria L. Neal, Esq. Nevada Bar No. 13382 KEMP & KEMP 7435 W. Azure Drive, Suite 110 Las Vegas, NV 89130 /s/ Elody C. Tignor Suzanne L. Martin, Esq. Nevada Bar No. 8833 Eldody C. Tignor, Esq. Nevada Bar No. 15663 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 10801 W. Charleston Blvd., Suite 500 Las Vegas, NV 89135 Attorneys for Plaintiff JUAN L. MOZQUEDA-LEON Attorneys for Defendants AMERICAN BUILDERS & CONTRACTORS SUPPLY CO., INC and L&W SUPPLY CORPORATION 8 9 10 11 DATED this 23rd day of May 2022. ATTORNEYS AT LAW 7435 W. Azure Drive, Suite 110 LAS VEGAS, NEVADA 89130 Tel. (702) 258-1183 ♦ Fax (702) 258-6983 KEMP & KEMP 12 13 14 15 16 17 18 19 20 21 22 IT IS HEREBY ORDERED that the parties' Stipulated Discovery Plan and Scheduling Order is granted in part and denied in part. The scheduling deadlines set forth in the IT IS in SOparagraph ORDERED. plan are GRANTED. The request contained 15 for a conference with the Court before formal discovery motion practice is DENIED. The parties shall meet and _____________________, 2022. confer and brief any discovery disputes Dated: in accordance with Local Rule 26-6. IT IS FURTHER ORDERED that the Clerk of Court assign this case to the Early Neutral _______________________________________ Evaluation Program. UNITED STATES MAGISTRATE JUDGE DANIEL J. ALBREGTS DATED this 25th day of May, 2022. 23 24 25 _________________________________ DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 26 27 28 7
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