Fragoso v. Wal-Mart Inc., No. 2:2022cv01507 - Document 27 (D. Nev. 2023)
Court Description: ORDER granting 26 Stipulation TO EXTEND DISCOVERY PLAN AND SCHEDULING ORDER (FOURTH REQUEST). Discovery due by 6/6/2024 6/26/2024. Motions due by 7/26/2024. Proposed Joint Pretrial Order due by 9/2/2024. Signed by Magistrate Judge Elayna J. Youchah on 12/7/2023. (Copies have been distributed pursuant to the NEF - CAH) Modified to correct discovery deadline per Order on 12/7/2023 (CJS).
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Fragoso v. Wal-Mart Inc. 1 2 3 4 5 6 7 8 Doc. 27 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. Ft. Apache Rd., Ste. 150 Las Vegas, Nevada 89148 Phone: (702) 464-5000 Fax: (702) 463-4440 ash@mwinjury.com Counsel for Plaintiff 9 10 11 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA FABIOLA FRAGOSO, individually; Case No.: 2:22-cv-01507-CDS-EJY 1160 North Town Center Drive Suite 330 Las Vegas, Nevada 89144 (702) 998-1022 HALL & EVANS, LLC 12 13 Plaintiff, vs. 14 15 16 WAL-MART, INC., a foreign corporation; DOE EMPLOYEES; DOE MANAGERS; DOES I-XX, inclusive; and ROE CORPORATIONS I-XX, inclusive, 17 STIPULATION AND ORDER TO EXTEND DISCOVERY PLAN AND SCHEDULING ORDER (FOURTH REQUEST) Defendants. 18 19 Plaintiff FABIOLA FRAGOSO, by and through her counsel of record, BRADLEY S. 20 MAINOR, ESQ., JOSEPH J. WIRTH, ESQ., and ASH MARIE BLACKBURN, ESQ., of MAINOR 21 WIRTH, LLP, and Defendant WAL-MART, INC., by and through its counsel of record, KURT R. 22 BONDS, ESQ, and TANYA M. FRASER, ESQ. of HALL & EVANS, LLC, hereby submit the 23 instant Stipulation and Order to Extend the Discovery Plan and Scheduling Order (Fourth Request) 24 pursuant to LR IA 6-1 and LR 26-3 as follows: 25 /// 26 /// 27 /// 28 /// 1 Dockets.Justia.com 1160 North Town Center Drive Suite 330 Las Vegas, Nevada 89144 (702) 998-1022 HALL & EVANS, LLC 1 I. 2 PROCEDURAL HISTORY 3 This lawsuit involves allegations that Plaintiff FABIOLA FRAGOSO (hereinafter 4 “FRAGOSO”) suffered serious injuries related to a slip and fall on Defendant’s premises. On June 5 30, 2022, Plaintiff filed her Complaint against Defendant WAL-MART, INC. with the Eighth 6 Judicial District Court for Clark County, Nevada. On September 31, 2022, Defendant WAL-MART, 7 INC. filed its Answer denying Plaintiffs’ allegations and denying all liability for the injuries. On 8 September 8, 2022, Plaintiff filed her Request for Exemption from Arbitration in which she outlined 9 her claimed injuries and alleged damages. On September 12, 2022, Defendant WAL-MART, INC. 10 filed its Notice of Removal and removed the matter to this Court based on diversity jurisdiction. On 11 September 15, 2022, Defendant WAL-MART, INC. filed its Statement Regarding Removal. The 12 parties participated in the Fed. R. Civ. P. 26(f) conference on October 12, 2022, and filed their 13 proposed Joint Discovery Plan and Scheduling Order which was entered by this Court on October 14 27, 2022. 15 II. 16 DISCOVERY COMPLETED 17 To date, Plaintiff has completed the following discovery: 18 Plaintiff’s FRCP 26 Initial Disclosure, served October 26, 2022; 19 Plaintiff’s First Set of Interrogatories to Defendant WAL-MART, INC., served December 12, 2022; 20 21 Plaintiff’s First Set of Requests for Production to Defendant WAL-MART, INC., served December 12, 2022; 22 23 Plaintiff’s First Supplemental FRCP 26 Disclosure, served March 3, 2023; 24 Plaintiff’s Second Supplemental FRCP 26 Disclosure, served March 13, 2023; 25 Deposition of Dana James on March 21, 2023; 26 Plaintiff’s Third Supplemental FRCP 26 Disclosure, served April 25, 2023; 27 Deposition of David Rosas on April 27, 2023; 28 Plaintiff’s Second Set of Requests for Production to Defendant WAL-MART, INC., 2 served June 5, 2023; 1 2 Plaintiff’s Fourth Supplemental FRCP 26 Disclosure, served June 28, 2023; 3 Plaintiff’s Fifth Supplemental FRCP 26 Disclosure, served September 26, 2023; 4 Plaintiff’s Sixth Supplemental FRCP 26 Disclosure, served October 26, 2023. 5 To date, Defendant WAL-MART, INC. has completed the following discovery: 6 Defendant’s FRCP 26 Initial Disclosure, served October 28, 2022; 7 Deposition of Fabiola Fragoso on April 26, 2023; 8 Defendant’s Answers to Plaintiff’s First Set of Interrogatories, served February 17, 2023; 9 Defendant’s Responses to Plaintiff’s First Set of Requests for Production, served on February 17, 2023; 10 11 Production, served on March 3, 2023; 1160 North Town Center Drive Suite 330 Las Vegas, Nevada 89144 (702) 998-1022 12 HALL & EVANS, LLC Defendant’s First Supplemental Responses to Plaintiff’s First Set of Requests for 13 Defendant’s First Supplemental FRCP 26 Disclosure, served March 3, 2023; 14 Defendant’s Second Supplemental FRCP 26 Disclosure, served April 12, 2023; 15 Deposition of James Burris on June 28, 2023; 16 Defendant’s Responses to Plaintiff’s Second Set of Requests for Production, served July 14, 2023; 17 18 Defendant’s Third Supplemental FRCP 26 Disclosure, served July 14, 2023. 19 III. 20 DISCOVERY REMAINING TO BE COMPLETED 21 Deposition of Defendant WAL-MART, INC.’s corporate representative; 22 Depositions of Plaintiff’s treating providers; 23 Initial expert designations; 24 Rebuttal expert designations; 25 Depositions of Initial and Rebuttal Experts; 26 Inspection of the subject floor and surrounding area; 27 Inspection of drainage systems; 28 Additional written discovery. 3 1160 North Town Center Drive Suite 330 Las Vegas, Nevada 89144 (702) 998-1022 HALL & EVANS, LLC 1 This is a complex premise liability claim. The parties have diligently worked to move the 2 case forward, including the exchange of initial disclosures, fact witness depositions, party 3 depositions and the securing of independent copies of Plaintiff’s medical records. Now, Plaintiff’s 4 expert(s) requests inspection of the garden department within the subject Wal-Mart location. The 5 parties have been communicating diligently to schedule the site inspection, but it has proven to be 6 more difficult than anticipated. A motion for protective order was filed by Defendant and a Motion 7 to Compel was filed by Plaintiff. Both Motions were heard before Magistrate Judge Youchah on 8 December 4, 2023. 9 Now that the issues regarding the proper scope of the required inspection have been resolved, 10 the parties can work together to schedule the same. However, due to limited expert availability, the 11 earliest said inspection could possibly be scheduled is sometime in late January of 2024. The current 12 initial expert deadline is January 29, 2024. This does not leave adequate time for the inspection to 13 go forward and the experts to draft and finalize their corresponding reports. 14 Plaintiff also anticipates additional discovery being necessary after conducting the inspection 15 and taking the deposition of Defendant’s corporate representative pursuant to NRCP 30(b)(6) as well 16 as other fact witnesses. This case has essentially been on hold while the parties waited for the hearing 17 on their respective Motions. Now that they have been heard and rulings have been made, the parties 18 are prepared to work diligently in moving this case forward. However, more time is still required for 19 the parties to complete the discovery. With the current discovery deadlines rapidly approaching and 20 a fair amount of discovery yet to be completed, the parties have agreed to a sixty (60) day discovery 21 extension to complete the remaining discovery as well as any necessary motion practice. 22 IV. 23 PROPOSED DISCOVERY SCHEDULE AND TRIAL DATE 24 25 Current Date Proposed Date 26 Discovery Cut-Off: 03/28/2024 06/26/2024 27 Motions to Amend Pleadings / 01/03/2024 04/02/2024 28 Add Parties: 4 1 2 3 4 Initial Expert Disclosures: 01/29/2024 04/02/2024 Rebuttal Expert Disclosures: 02/28/2024 05/28/2024 Dispositive Motions: 04/29/2024 07/26/2024 Joint Pre-Trial Order: 06/04/2024 09/02/2024 5 6 7 8 9 10 11 1160 North Town Center Drive Suite 330 Las Vegas, Nevada 89144 (702) 998-1022 HALL & EVANS, LLC 12 13 This is the fourth 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 set forth above constitute good cause for the requested extension. DATED this 7th day of December 2023. Dated this 7th day of December 2023. MAINOR WIRTH, LLP HALL & EVANS, LLC /s/ Ash Marie Blackburn ASH MARIE BLACKBURN, ESQ. Nevada Bar No. 14712 6018 S. Fort Apache Road, Ste. 150 Las Vegas, NV 89148-5652 Attorney for Plaintiff /s/_ Kurt R. Bonds _______________ KURT R. BONDS, ESQ. Nevada Bar No. 6228 TANYA M. FRASER, ESQ. Nevada Bar No. 13872 1160 North Town Center Drive Suite 330 Las Vegas, NV 89144 Attorneys for Defendant 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 1 Fragoso v. Walmart, Inc. Case No.: 2:22-cv-01507-CDS-EJY SAO to Extend Discovery Plan and Scheduling Order (Fourth Request) 2 3 4 5 6 ORDER IT IS SO ORDERED. December 7th day of ________________, DATED this _____ 2023. 7 8 ____________________________________ 9 UNITED STATES MAGISTRATE JUDGE 10 11 1160 North Town Center Drive Suite 330 Las Vegas, Nevada 89144 (702) 998-1022 HALL & EVANS, LLC 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6
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