Abina v. Albertson's LLC, No. 2:2022cv01142 - Document 28 (D. Nev. 2023)

Court Description: ORDER granting 27 Stipulation TO EXTEND DISCOVERY DEADLINES. Proposed Joint Pretrial Order due by 1/12/2024. Signed by Magistrate Judge Brenda Weksler on 11/29/2023. (Copies have been distributed pursuant to the NEF - CAH)

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Abina v. Albertson's LLC 1 2 3 4 5 6 7 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 Jack P. Burden, Esq. Nevada State Bar No. 6918 Jacquelyn Franco, Esq. Nevada State Bar No. 13484 BACKUS | BURDEN 3050 South Durango Drive Las Vegas, NV 89117 (702) 872-5555 (702) 872-5545 jburden@backuslaw.com Attorneys for Defendant 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 BACKUS | BURDEN Doc. 28 VICTORIA ABINA, individually, 11 12 13 14 15 16 Plaintiff, vs. ALBERTSON’S LLC dba ALBERTSON’S #4039, a foreign limited-liability company; and; DOES I-X; and ROE CORPORATIONS I-X, inclusive Defendants. ) Case No. 2:22-cv-01142-JAD-BNW ) ) ) STIPULATION AND ORDER TO EXTEND ) DISCOVERY DEADLINES ) ) Fourth Request ) ) ) ) 17 In accordance with Local Rules of Practice for the United States District Court for the 18 19 District of Nevada (“LR”) 26-4, Defendant Albertson’s LLC (“Defendant”), by and through its 20 counsel of record, the law firm of BACKUS | BURDEN, and Plaintiff Victoria Abina (“Plaintiff”), by 21 and through her counsel of record, RUIZ LAW FIRM, hereby stipulate and agree to an extension of 22 all remaining discovery deadlines by thirty (30) days. The parties propose the following revised 23 24 discovery plan (new information in bold italics): Pursuant to Local Rule 6-1(b), the Parties hereby aver that this is the first such discovery 25 26 27 28 extension requested in this matter. Moreover, pursuant to Local Rule 26-3, it is respectfully submitted that the Parties’ failure to request the instant extension of discovery twenty-one (21) days prior to the deadline for initial expert disclosure was the result of excusable neglect. Specifically noting the failure to request the extension of was a mere oversight by the Parties. Dockets.Justia.com 1 Bateman v. U.S. Postal Service, 231 F.3d 1220 (9th Cir. 2000). Further: 1) there is no danger of 2 prejudice as the extension is stipulated by the Parties; 2) a one hundred eighty (180) day extension 3 will not impact a trial date because the same has not been scheduled; 3) the Parties, their 4 respective Counsel, and witnesses have been limited in appearing for deposition due to the Covid5 6 7 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 Investment Services v. Brunswick Associate’s, Ltd., 507 U.S. 380, 395 (1993). 8 I. 9 DISCOVERY COMPLETED TO DATE 10 BACKUS | BURDEN 19 pandemic; and 4) the requested extension is made in good faith by both Parties. Pioneer 11 1. Plaintiff served her Initial Disclosure Pursuant to FRCP 26 on August 2, 2022, with one supplement thereto; 12 2. Defendant served its Initial Disclosure Pursuant to FRCP 26 on August 11, 2022, with 13 14 15 16 17 18 19 two supplements thereto; 3. Plaintiff produced her First Sets of Requests for Production and Interrogatories to Defendant, which were answered; 4. Defendant produced its First Sets of Requests for Production and Interrogatories to Plaintiff, which were answered; 5. Defendant served its First Supplemental Disclosure Pursuant to FRCP 26 on September 20 21 22 26, 2022; 6. Defendant noticed took Plaintiff’s deposition for on December 16, 2022 at 10:00am; 23 7. Defendant noticed the following Custodians of Records Depositions: 24 a. Desert Radiology, December 9, 2022 at 9:00am 25 b. Nevada Health Centers, December 9, 2022 at 9:15am 26 c. Nevada Spine Clinic, December 9, 2022 at 9:30am 27 d. Southwest Medical Associates, December 9, 2022 at 9:45am 28 e. Suarez Physical Therapy, December 9, 2022 at 10:00am 2 1 f. Valley Hospital, December 9, 2022 at 10:15am 2 g. Wolfson and Wolfson, December 9, 2022 at 10:30am 3 8. Plaintiff produced her Revised Initial List of Witnesses and Documents Pursuant to 4 FRCP 26(a) on February 14, 2023. 5 6 7 9. Plaintiff took the deposition of Defendant’s FRCP 30(b)(6) Witness on March 8, 2023. 10. Plaintiff disclosed her Initial Designation of Expert Witnesses on June 12, 2023, with one supplement thereto; 8 9 11. Defendant disclosed its Initial Designation of Expert Witnesses on June 12, 2023 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS | BURDEN 10 II. 11 DISCOVERY TO BE COMPLETED AND REASONS 12 FOR EXTENSION OF DISCOVERY 13 14 15 Discovery to be completed includes: 1. Plaintiff’s supplementation of her FRCP 26(a) Initial Disclosures with expected 16 testimony of witnesses. 17 a. 18 2. 19 Completed Deposition of Plaintiff, currently scheduled December 16, 2022. a. Completed 20 21 22 23 3. Depositions of fact witnesses. 4. Depositions of Plaintiff’s treating medical providers. 5. Depositions of Defendant’s employees. 24 a. 25 26 The parties have identified Defendant’s 4th Key Manager as a witness; who’s deposition will be noticed for February or March 2023 6. Deposition of Defendant’s FRCP 30(b)(6) representative(s). 27 a. Scheduled March 8, 2023. b. Completed 28 3 1 7. 2 3 FRCP 26(a)(2) designation of initial and rebuttal expert witnesses. a. Completed 8. Depositions of initial and rebuttal expert witnesses. 4 Additional written discovery and depositions as the Parties deem necessary. 5 6 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS | BURDEN 7 The Parties aver, pursuant to Local Rule 6-1, that good cause exists for the requested extension. 8 III. 9 REASONS WHY DISCOVERY WAS NOT COMPLETED WITHIN TIME SET BY 10 DISCOVERY PLAN 11 12 This request is two-fold. First, the onset of the Covid-19 pandemic and now increase in RSV patients has made conducting depositions – especially depositions of physicians, many of whom have 13 14 an understandably increased workflow and decreased availability – and other discovery-related tasks 15 more difficult. Second, Defendant’s factual and corporate representatives have decreased availability 16 during the December holiday season. Defendant’s 30(b)(6) Corporate Witness’ deposition has been 17 scheduled for March 8, 2023. As such, the parties agree to extend discovery deadlines for ninety 18 19 (90) days. Further, the Parties wish to investigate this case by completing the depositions of important 20 21 22 witnesses prior to initial expert disclosures in an effort to determine if resolution of this matter may be reached prior to incurring fees and costs associated with disclosing experts and their 23 respective opinions. The parties have entered into this agreement in good faith and not for 24 purposes of delay. 25 Following the deposition of Plaintiff and Defendant’s FRCP 30(b)(6) Witness, the parties 26 entered settlement negotiations. While discussions continue – if settlement cannot be reached 27 directly – the parties have also discussed exploring alternative dispute resolution through possible 28 private mediation or by requesting judicial assistance in the form of a settlement conference. 4 1 The Parties have stipulated to a Settlement Conference, which is currently scheduled 2 December 15, 2023 before Magistrate Weksler. The instant discovery extension allows the 3 Parties to focus on potential resolution without incurring additional fees and costs. 4 The parties have entered into this agreement in good faith and not for purposes of delay. 5 IV. 6 DISCOVERY DEADLINES 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS | BURDEN 7 8 Discovery cutoff: October 13, 2023 9 Amending the pleadings or adding parties: Closed 10 Initial expert disclosures: August 11, 2023 Rebuttal expert disclosures: September 11, 2023 Dispositive motions: November 13, 2023 Joint Pre-Trial Order, if no Dispositive Motions December 13, 2023 11 12 13 14 15 VII. 16 NEW DISCOVERY DEADLINES 17 18 19 Discovery cutoff: Closed Amending the pleadings or adding parties: Closed Expert disclosures: Closed Rebuttal expert disclosures Closed Dispositive motions: Closed Joint Pre-Trial Order, if no Dispositive Motions January 12, 2024 20 21 22 23 24 25 26 27 28 5 1 CASE NO.: 2:22-cv-01142-JAD-BNW Abina v. Albertson’s LLC Stipulation and Order to Extend (Fourth Request) 2 3 4 5 The Parties aver that this request for extension of discovery deadlines is made by the Parties in good faith and not for the purpose of delay. 6 7 8 DATED this 27th day of November 2023. RUIZ LAW FIRM DATED this 27th day of November 2023. BACKUS | BURDEN 9 3050 SOUTH DURANGO LAS VEGAS, NEVADA 89117 TELE: (702) 872-5555 FAX: (702) 872-5545 BACKUS | BURDEN 10 11 12 13 /s/ Lawrence Ruiz LAWRENCE RUIZ, ESQ. Nevada Bar No. 11451 1055 Whitney Ranch Drive, Suite 110 Henderson, NV 89014 Attorneys for Plaintiff /s/ Jacquelyn Franco JACK P. BURDEN, ESQ. Nevada Bar No. 6918 JACQUELYN FRANCO, ESQ. Nevada Bar No. 13484 3050 South Durango Drive Las Vegas, NV 89117 Attorneys for Defendant 14 15 16 ORDER 17 18 19 20 IT IS SO ORDERED. DATED: 11/29/2023 _____________________________________ UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 6

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