Reeves v. Discover Your Mobility, Inc. et al, No. 2:2022cv01361 - Document 21 (D. Nev. 2023)
Court Description: ORDER Granting 19 Stipulation to Extend Discovery Plan. Discovery due by 12/24/2023. Motions due by 1/23/2024. Proposed Joint Pretrial Order due by 2/22/2024. Signed by Magistrate Judge Daniel J. Albregts on 6/13/2023. (Copies have been distributed pursuant to the NEF - AMMi)
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Reeves v. Discover Your Mobility, Inc. et al Doc. 21 Case 2:22-cv-01361-GMN-DJA Document 21 Filed 06/13/23 Page 1 of 6 1 2 3 4 5 6 7 8 9 SAO BRADLEY S. MAINOR, ESQ. Nevada Bar No. 7434 JOSEPH J. WIRTH, ESQ. Nevada Bar No. 10280 ASH MARIE BLACKBURN, ESQ. Nevada Bar No. 14712 MAINOR WIRTH, LLP 6018 S. Fort Apache Road, Ste. 150 Las Vegas, NV 89148-5652 Tel: (702) 464-5000 Fax: (702) 463-4440 ash@mwinjury.com Attorneys for Plaintiffs UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 ELLEN REEVES, individually, 13 14 15 16 17 18 Plaintiff, vs. STIPULATION AND ORDER TO DISCOVER YOUR MOBILITY, INC., a EXTEND DISCOVERY PLAN AND foreign corporation; DOE EMPLOYEES I-V, SCHEDULING ORDER individually; DOE MANAGERS I-V, individually; ROE MANUFACTURERS I-X; (FIRST REQUEST) ROE INSPECTION COMPANIES I-V; ROE DISTRIBUTORS I-X; DOE INDIVIDUALS I-X; and ROE BUSINESS ENTITIES I-X, inclusive, 19 Defendants. 20 21 22 CASE NO: 2:22-CV-01361-GMN-DJA Plaintiff ELLEN REEVES and Defendant DISCOVER YOUR MOBILITY, INC., by and through their respective counsel of record, do hereby stipulate to extend the discovery cutoff in the present case for a period of ninety (90) days. 23 Pursuant to LR IA 6-1, the parties hereby aver that this is the first such discovery 24 extension requested in this matter: 25 /// 26 27 28 /// PAGE 1 OF 6 Dockets.Justia.com Case 2:22-cv-01361-GMN-DJA Document 21 Filed 06/13/23 Page 2 of 6 1 I. GOOD CAUSE SUPPORTING THE EXTENSION 2 The parties come to this Court seeking a first extension of the Discovery Plan and 3 Scheduling Order governing this complicated product liability/personal injury case. The parties 4 have diligently moved this case forward, but additional discovery remains to be completed which 5 6 7 8 9 warrants the requested extension. A. SUMMARY OF EFFORTS THUS FAR Plaintiff filed her Complaint in the Eighth Judicial District Court on June 17, 2022. Defendant removed this matter to the United States District Court, District of Nevada, on August 10 22, 2022. See ECF No. 1. On September 12, 2022, Defendant filed its Statement Regarding 11 Removal. See ECF No. 7. Defendant filed its Answer to Plaintiff’s Complaint on September 25, 12 2022. See ECF No. 13. 13 On August 17, 2022, the Discovery Plan and Scheduling Order was filed. See ECF No. 14 15. Plaintiff served her Initial Disclosure of Witness and Production of Documents Pursuant to 15 FRCP 26(a)(1) on October 6, 2022. Defendant served its Initial Disclosure of Witness and 16 Production of Documents Pursuant to FRCP 26(a)(1) on November 4, 2022. 17 Plaintiff then served her First Requests for Production of Documents on December 16, 18 2022. Due to a change in Defendant’s counsel from within defense counsel’s office, extensions 19 were granted for Defendant’s responses to those Requests for Production. 20 On March 8, 2023, Defendant responded to Plaintiff’s First Requests for Production. The 21 materials produced raised a tangential, but important issue regarding the scope of Defendant’s 22 23 24 25 potential liability coverage. Counsel for both parties have met and conferred regarding the issue and Plaintiff has inquired into the same via additional written discovery. Since then, Plaintiff has sent additional written discovery to which Defendant has produced responses. Further, the parties are planning another meet and confer to fully address 26 all of the outstanding issues and move the case forward meaningfully. 27 28 PAGE 2 OF 6 Case 2:22-cv-01361-GMN-DJA Document 21 Filed 06/13/23 Page 3 of 6 1 B. GOOD CAUSE 2 This is a complex product liability - personal injury case. Further complicating this case 3 is the lack of information as to the entity who manufactured the subject product and that entity’s 4 role in the chain of commerce. Plaintiff’s counsel and Defense counsel have been working 5 6 7 8 together to address the issue and potentially identify the manufacturer. Moreover, both sides are cognizant of litigation costs and desire to maintain economic efficiency where possible. Therefore, certain discovery has not yet been completed. Plaintiff has inquired about conducting the FRCP 30(b)(6) deposition of Defendant DYM 9 10 but not yet done so pending the issues addressed here. With the lack of clarity regarding these 11 issues, both parties have tried to be conservative and limit costs. The parties anticipate that the 12 issues can be resolved through cooperation rather than costly back-and-forth discovery. However, 13 both parties wish to preserve their rights to conduct further discovery upon resolution of the 14 issues referenced herein. The parties anticipate those issues will be resolved relatively soon, 15 which will give more clarity on the direction of the case and allow for more meaningful discovery 16 going forward. 17 Additionally, Plaintiff’s counsel has a one-to-two-week federal trial starting in the 18 beginning of July. This will hinder any discovery from going forward for the week prior to the 19 trial through the end of the trial. The efforts of the parties thus far and Plaintiff’s counsel’s 20 upcoming trial coupled with the complexities of the case certainly illustrate good cause for the 21 requested extension. Therefore, for the reasons stated above, granting an extension to the 22 23 24 discovery deadlines in this case is in the interest of justice and good cause exists therefor. II. DISCOVERY COMPLETED TO DATE. To date, Plaintiff has produced the following discovery: 25 Plaintiff’s Initial Disclosure of Witnesses and Exhibits (served October 6, 2022); Plaintiff’s First Set of Requests for Production of Documents to Defendant DYM 26 27 (served December 16, 2022); 28 PAGE 3 OF 6 Case 2:22-cv-01361-GMN-DJA Document 21 Filed 06/13/23 Page 4 of 6 1 Plaintiff’s Second Set of Requests for Production of Documents to Defendant DYM 2 (served March 3, 2023); 3 Plaintiff’s First Set of Interrogatories to Defendant DYM (served March 3, 2023); Plaintiff’s First Supplemental Disclosure of Witnesses and Exhibits (served March 6, 4 5 2023). 6 7 2023); 8 9 14 To date, Defendant DYM has produced the following discovery: 17 18 25 Defendant DYM’s Responses to Plaintiff’s Amended First Set of Interrogatories (served April 20, 2023); 23 24 Defendant DYM’s Responses to Plaintiff’s Second Set of Requests for Production of Documents (Served April 10, 2023); 21 22 Defendant DYM’s Responses to Plaintiff’s First Set of Requests for Production of Documents (Served March 8, 2023); 19 20 Defendant DYM’s Initial Disclosure of Witnesses and Exhibits (served November 4, 2022); 15 16 Plaintiff’s Second Supplemental Disclosure of Witnesses and Exhibits (served May 23, 2023). 12 13 Plaintiff’s Amended First Set of Interrogatories to Defendant DYM (served April 11, 2023); 10 11 Plaintiff’s First Set of Requests for Admission to Defendant DYM (served April 11, Defendant DYM’s Responses to Plaintiff’s First Set of Requests for Admission (Served May 10, 2023); III. DISCOVERY REMAINING TO BE COMPLETED. In accordance with LR II 26-4(b), the Parties provide the following statement of 26 discovery remaining to be completed: 27 1. 28 Depositions of fact witnesses; PAGE 4 OF 6 Case 2:22-cv-01361-GMN-DJA Document 21 Filed 06/13/23 Page 5 of 6 1 2. Deposition(s) of Defendant’s FRCP 30(b)(6) witness(es); 3. Deposition(s) of insurance broker(s); 4. Additional written discovery; 5. Addition of other parties; 6. Initial Expert disclosures; 7. Rebuttal Expert disclosures; and 8. Depositions of expert witnesses. 2 3 4 5 6 7 8 9 A. WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED. 10 The parties have been working together diligently to resolve outstanding issues and push 11 the case forward. Plaintiff intends to take the FRCP 30(b)(6) deposition of Defendant DYM in 12 the coming weeks to resolve the outstanding issues. Following the deposition, both parties will 13 have clarity on the direction of the case and anticipate that it will move forward quickly thereafter. 14 Based upon the foregoing, the parties respectfully request a ninety (90) day extension of 15 all current discovery deadlines. The parties are confident that a granting of the request for a 16 ninety (90) day extension of the remaining discovery deadlines would allow them to complete 17 the required discovery. This request is made in good faith, not for the purpose of delay. 18 IV. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY. 19 This request for an extension of time is not sought for any improper purpose or other 20 purpose of delay. The parties respectfully submit that this constitutes good cause for the 21 extension. The following is a list of the current discovery deadlines and the parties’ proposed 22 extended deadlines: 23 24 25 26 27 28 Scheduled Event Discovery Cut Off Amend Pleadings/Add Parties Initial Expert Disclosures Rebuttal Expert Disclosures Dispositive Motions Joint Pre-Trial Order Current Deadline September 25, 2023 June 27, 2023 June 27, 2023 August 26, 2023 October 25, 2023 November 24, 2023 PAGE 5 OF 6 Proposed Deadline December 24, 2023 September 25, 2023 September 25, 2023 November 24, 2023 January 23, 2024 February 22, 2024 Case 2:22-cv-01361-GMN-DJA Document 21 Filed 06/13/23 Page 6 of 6 1 2 This is the first request for an extension of time in this matter and no trial date will be impacted by the extension as no such trial date has been set. The parties submit that the reasons 3 set forth above constitute good cause for the requested extension. 4 If this extension is granted, all discovery mentioned above should be concluded within 5 the stipulated extended deadlines. The parties aver that this request for extension of discovery 6 7 8 deadlines is made by the parties in good faith and not for the purpose of delay. Dated this 9th day of June, 2023. ALVERSON TAYLOR & SANDERS Dated this 9th day of June, 2023. MAINOR WIRTH, LLP /s/ Vincent Garrido VINCENT GARRIDO, ESQ. Nevada Bar No. 15918 6605 Grand Montecito Parkway Henderson, NV 89052 Attorney for Defendant DYM /s/Ash Marie Blackburn ASH MARIE BLACKBURN, ESQ. Nevada Bar No. 14712 6018 S. Fort Apache Road, Ste. 150 Las Vegas, NV 89148 Attorney for Plaintiff 9 10 11 12 13 14 15 IT IS SO ORDERED. 16 13th_ day of June, 2023. DATED this __ 17 18 ____________________________________ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 PAGE 6 OF 6
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