Matthew v. Walmart, Inc, No. 2:2022cv02103 - Document 11 (D. Nev. 2023)

Court Description: ORDER granting 9 Stipulated Discovery Plan and Scheduling Order. Discovery due by 12/18/2023. Motions due by 1/17/2024. Proposed Joint Pretrial Order due by 2/16/2024. Signed by Magistrate Judge Cam Ferenbach on 9/5/2023. (Copies have been distributed pursuant to the NEF - CT)

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Matthew v. Walmart, Inc Doc. 11 Case 2:22-cv-02103-RFB-VCF Document 11 Filed 09/05/23 Page 1 of 9 1 2 3 4 5 6 BRICE J. CRAFTON, ESQ. Nevada Bar No. 10558 COLTON J. WILSTEAD, ESQ. Nevada Bar No. 10624 DEAVER | CRAFTON 810 E. Charleston Blvd. Las Vegas, NV 89104 brice@deavercrafton.com cole@deavercrafton.com Tel. 702.385.5969 Fax. 702.385.6939 Attorneys for Plaintiff 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 KURLICIA MATTHEW, an individual; Case No. 2:22-cv-02103-RFB-VCF 10 Plaintiff, 11 STIPULATED DISCOVERY PLAN AND SCHEDULING ORDER vs. 12 13 WALMART, INC., a foreign corporation; DOES I-X, inclusive; and ROE CORPORATIONS I-X, inclusive; 14 Defendants. 15 Plaintiff, KURLICIA MATTHEW, by and through her attorney of record, BRICE J. 16 CRAFTON, ESQ., of the law firm of, DEAVER | CRAFTON, and Defendant, WALMART, 17 INC., by and through their counsel of record, ALVERSON TAYLOR & SANDERS, hereby 18 submit the following Stipulated Discovery Plan and Scheduling Order pursuant to L.R. 26-1(d) 19 and Fed. R. Civ. P. 26(f). 20 PROPOSED SCHEDULE 21 22 1. Meeting: Pursuant to Fed. R. Civ. P. 26(f), a telephonic meeting was held on January 9, 23 2023, and was attended by Brice Crafton of Deaver Crafton for Plaintiffs and Kurt R. 24 Bonds for Defendants. 1 Dockets.Justia.com Case 2:22-cv-02103-RFB-VCF Document 11 Filed 09/05/23 Page 2 of 9 1 2. Initial Disclosures: The parties agreed that no changes to the form, content, or timing of 2 the disclosures under FRCP 26(a) are necessary. Plaintiff served their disclosures on 3 December 27, 2022. Defendants served their discovery on March, 16, 2023. Based upon 4 counsels’ review of the evidence in this case, the parties now propose the following 5 discovery plan: 6 7 8 3. Areas of Discovery: (a) the allegations in Plaintiff’s Complaint and (b) Defendant’s defenses. 4. Discovery Plan: The Parties propose the following discovery plan: 9 A. Discovery Cut-off Date(s): The parties agreed to participate in early mediation to avoid 10 costly discovery. The parties further agreed to deviate from the traditional discovery 11 model of 180 days allowed under Local Rule 26-1(b)(1) so that mediation can be 12 scheduled and completed. Should the parties be unsuccessful at mediation, the parties 13 agree to discuss whether additional time in discovery is required. The parties agreed to a 14 9-month discovery plan, and therefore, discovery must be completed by no later than 15 December 18, 2023. 16 B. Amending Pleadings or Adding Parties: Unless otherwise stated herein or ordered by 17 the Court, the date for filing motions to amend the pleadings or to add parties shall not be 18 later than ninety (90) days prior to the discovery cut-off date. Therefore, any such motion 19 shall be filed not later than September 19, 2023. 20 C. Disclosure of Expert Witnesses: In accordance with Fed. R. Civ. P. 26(a)(2) and L.R. 21 26-1(3), disclosures identifying experts shall be made sixty (60) days prior to discovery 22 cut-off date. Therefore, such disclosures shall be made not later than October 19, 2023. 23 Disclosures identifying rebuttal experts shall be made thirty (30) days after the initial 24 2 Case 2:22-cv-02103-RFB-VCF Document 11 Filed 09/05/23 Page 3 of 9 1 disclosure of experts. Therefore, such disclosures shall be made not later than November 2 20, 2023. 3 D. Dispositive Motions: Dispositive motions must be filed within thirty (30) days after 4 the close of discovery. Therefore, such motions shall be filed not later than 5 January 17, 2024. 6 E. Pre-Trial Order: The parties will prepare a Joint Pre-Trial Order on or before 7 February 16, 2024, which is not more than thirty (30) days after the date set for filing 8 dispositive motions in the case. This deadline will be suspended if dispositive motions 9 are timely filed until thirty (30) days after the decision of the dispositive motions or until 10 further order of the Court. The disclosure required by Fed. R. Civ. P. 26(a)(3) and 11 objections thereto, shall be made in the pre-trial order. 12 F. Pre-Trial Disclosures: L.R. 26-1(6) requires that pre-trial disclosures, pursuant to Fed. 13 R. Civ. P. 26(a)(3), and any objections thereto shall be included in the Pre-Trial Order. 14 However, the parties wish to deviate from that rule to permit a reasonable opportunity to 15 evaluate a party’s pre-trial disclosures and make well-reasoned objections thereto. The 16 parties do not feel they can adequately do so under the modified schedule of L.R. 26-1(6). 17 Therefore, the parties propose following the schedule in Fed. R. Civ. P. 26(a)(3)(B) which 18 requires the parties make pre-trial disclosures not later than thirty (30) days before trial 19 and submit any objections thereto not later than fourteen (14) days before trial. 20 G. Court Conference: If the Court has questions regarding the dates proposed by the 21 parties, the parties request a conference with the Court before entry of the Scheduling 22 Order. If the Court does not have questions, the parties do not request a conference with 23 the Court. 24 3 Case 2:22-cv-02103-RFB-VCF Document 11 Filed 09/05/23 Page 4 of 9 1 5. Other orders that should be entered by the Court under Rule 26(c) or under Rules 16(b) 2 and (c): There may be the need for a confidentiality and protective order if Plaintiffs make 3 a request for the disclosure of trade secrets and/or other confidential, proprietary, and 4 protected information from Defendant GEICO during discovery. Absent the agreement 5 on a confidentiality order by the parties, Defendant may file a motion for protective order 6 pursuant to Rule 26(c). 7 6. E-discovery: The parties agree that disclosure and discovery of electronically stored 8 information should be produced in Portable Document Format (Adobe Acrobat) (“PDF 9 Format”) to allow for proper and consistent Bates numbering. The PDF documents are also 10 to be produced in a recognize text Optical Character Recognition (“OCR”) format. If 11 in good faith a party questions the authenticity of an electronically stored document, or 12 for other good faith reason, the party may request the PDF format document to be 13 produced in its native format. 14 7. Claw Back Agreement: In the event that any Party (the “Discloser”) produces material 15 or documents without intending to waive a claim of privilege or confidentiality, the 16 Discloser does not waive any claim of privilege or confidentiality if, within a reasonable 17 amount of time after the Discloser actually discovers that such material or documents were 18 produced, the Discloser notifies all other Parties (the “Recipient(s)”) of the inadvertent 19 disclosure of privileged or confidential items, identifying the material or documents 20 produced and stating the privilege or confidentiality provision asserted. Mere failure 21 to diligently screen documents before producing them does not waive a claim of privilege 22 or confidentiality. 23 If the Discloser asserts that it inadvertently produced privileged or confidential items 24 in accordance with this Claw Back Agreement, the Recipient(s) must return the specified 4 Case 2:22-cv-02103-RFB-VCF Document 11 Filed 09/05/23 Page 5 of 9 1 material or documents and any copies within ten days of the notification. The Recipient(s) 2 must further permanently destroy any electronic copies of such specified material or 3 documents and affirm in writing to counsel for the Discloser of such destruction. 4 If the Recipient(s) contends the documents are not subject to privilege or 5 confidentiality as asserted by the Discloser in accordance with this Claw Back Agreement, the 6 Recipient(s) may, following the return and destruction described in Paragraph 2 of this 7 Agreement, challenge the privilege claim through a Motion to Compel or other pleading 8 with the District Court in which the Litigation is currently pending. The Parties agree that 9 any review of items by the judge shall be an in camera review. 10 Should the Recipient(s) not challenge the Discloser’s claim of privilege or 11 confidentiality, or should the presiding judge determine that the documents are in fact subject 12 to privilege or confidentiality, the documents, or information contained therein or derived 13 therefrom, may not be used in the Litigation or against the Discloser in any future litigation or 14 arbitration brought by the Recipient(s). Nothing contained within this Claw Back Agreement 15 shall be deemed to waive any objection that any Party may wish to assert under applicable state 16 or federal law. 17 If the Recipient challenges the privilege or confidentiality of the inadvertently 18 disclosed documents, and prevails on the motion to compel, the Recipient will be entitled to 19 recover reasonable attorney’s fees for bringing the motion, to be determined by the Court. 20 8. Extensions or Modifications of the Discovery Plan and Scheduling Order: In accordance 21 with L.R. 26-4, any stipulation or motion for modification or extension of this discovery 22 plan and scheduling order must be made no later than twenty-one (21) days before 23 the discovery cut-off date. Therefore, such stipulations or motions shall be made not later 24 than October 14, 2023. 5 Case 2:22-cv-02103-RFB-VCF Document 11 Filed 09/05/23 Page 6 of 9 1 9. Alternative Dispute Resolution: Pursuant to Local Rule 26-1 (b)(7), the parties certify 2 that they met and conferred about the possibility of using alternative dispute-resolution 3 processes including mediation, arbitration and if applicable, early neutral evaluation. 4 10. Alternative Forms of Case Disposition: Pursuant to Local Rule 26-1 (b)(8), the parties 5 certify that they considered consent to trial by a magistrate judge under 28 U.S.C. § 636(c) 6 and Fed. R. Civ. P. 73 and the use of the Short Trial Program (General Order 2013-01). 7 11. Electronic Evidence: Pursuant to Local Rule 26-1 (b)(9), the parties certify that they 8 agree to provide discovery in an electronic format compatible with the court’s electronic 9 jury evidence display system at trial. 10 11 12 DATED THIS 31st ___ day of August, 2023. DATED THIS ___ 31stday of August, 2023. DEAVER | CRAFTON HALL & EVANS ATTORNEYS AT LAW, LLC /s/ Colton J. Wilstead, Esq. __________________________________ /s/Kurt R. Bonds, Esq. ______________________________________ Brice J. Crafton, Esq. Nevada Bar No. 16024 Colton J. Wilstead, Esq. Nevada Bar No. 16024 810 E. Charleston Blvd. Las Vegas, NV 89104 702-385-5969 brice@deavercrafton.com colton@deavercrafton.com Attorneys for Plaintiffs Kurt R. Bonds, Esq. Nevada Bar No. 6228 Madison M. Aguirre, Esq. Nevada Bar No. 16183 6605 Grand Montecito Parkway Suite 200 Las Vegas, NV 89149 702-384-7000 aguirrem@hallevans.com bondsk@hallevans.com Attorneys for Defendants 13 14 15 16 17 18 19 20 21 IT IS SO ORDERED this 22 5th ORDER day of September, 2023. 23 _ 24 UNITED STATES MAGISTRATE JUDGE 6 Case 2:22-cv-02103-RFB-VCF Document 11 Filed 09/05/23 Page 7 of 9 1 CERTIFICATE OF SERVICE 2 I HEREBY CERTIFY that service of the foregoing STIPULATED DISCOVERY 3 PLAN AND SCHEDULING ORDER was served this 31st day of August, 2023 by: 4 5 6 [X] ELECTRONIC SERVICE: by transmitting via the Court’s electronic filing services the document(s) listed above the Counsel set forth on the service list on this date pursuant to EDCR Rule 7.26(c)(4). 7 8 _______________________________ An Employee of Deaver | Crafton 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 7 8/31/23, 1:24 PM Law Offices of Deaver & Crafton Mail - Kurlicia v. Walmart, Inc.; 2:22-cv-02103-RFB-VCF Case 2:22-cv-02103-RFB-VCF Document 11Matthew Filed 09/05/23 Page 8 of 9 Nancy Bello <nancy@deavercrafton.com> Kurlicia Matthew v. Walmart, Inc.; 2:22-cv-02103-RFB-VCF Aguirre, Madison M. <aguirrem@hallevans.com> Thu, Aug 31, 2023 at 11:32 AM To: Nancy Bello <nancy@deavercrafton.com>, Valeria Guerra <val@deavercrafton.com>, Brice Crafton <brice@deavercrafton.com>, Cole Wilstead <cole@deavercrafton.com> Cc: "Bonds, Kurt R." <bondsk@hallevans.com> Hi Nancy, Please forgive our delay as we’ve been trying to get our footing after Alverson Taylor closed and we joined Hall & Evans. Thank you for drafting the Plan and for staying on top of it. My only suggested change would be to fix our firm name and address to reflect the information in my signature block. Once you do so, you may affix Kurt’s e-signature. I’ve also included Kurt’s new email in the cc box. Thanks again. Madison M. Aguirre | Associate aguirrem@hallevans.com Tel: 702-982-5879 Hall & Evans, LLC 1160 North Town Center Drive, Suite 330 Las Vegas, NV 89144 COLORADO | ILLINOIS | MISSOURI | MONTANA | NEVADA | NEW MEXICO | UTAH | WYOMING website | bio | LinkedIn Confidentiality Notice: This e-mail and any files transmitted with it are confidential and intended solely for the named addressee(s) of this message and may be subject to https://mail.google.com/mail/u/0/?ik=fe31cb4a83&view=pt&search=all&permmsgid=msg-f:1775770585097148906&simpl=msg-f:1775770585097148906 1/3 8/31/23, 1:24 PM Law Offices of Deaver & Crafton Mail - Kurlicia v. Walmart, Inc.; 2:22-cv-02103-RFB-VCF Case 2:22-cv-02103-RFB-VCF Document 11Matthew Filed 09/05/23 Page 9 of 9 attorney-client privilege or work-product protection. If you are not the named addressee, unauthorized use, disclosure or distribution is prohibited; please notify the sender by reply email and destroy all copies of the original message. Our spam protection may prevent any reply e-mail from being delivered. If I have not responded to your email within 48 hours, please contact our office at 303/628-3300. This e-mail and any attachments are believed to be free of viruses and defects, but it is the responsibility of the recipient to ensure that it is virus-free. The sender is not responsible for any loss or damage arising from its use. From: Nancy Bello <nancy@deavercrafton.com> Sent: Thursday, August 31, 2023 11:24 AM To: Kurt Bonds <kbonds@alversontaylor.com>; Madison Aguirre <maguirre@alversontaylor.com> Cc: Brice Crafton <brice@deavercrafton.com>; Cole Wilstead <cole@deavercrafton.com>; Valeria Guerra <val@deavercrafton.com> Subject: Re: Kurlicia Matthew v. Walmart, Inc.; 2:22-cv-02103-RFB-VCF Good morning Counsel, I have been diligently circling the enclosed draft of the Stipulated Discovery Plan for quite some time now. Please advise if we may we may proceed with your esignature or if you have any objections. Sincerely, Nancy Bello Litigation Paralegal to Brice J. Crafton Esq., & Colton J. Wilstead, Esq. 810 E. Charleston Blvd, Las Vegas, NV 89104 P | 702.385.5969 F | 702.385.6939 www.deavercrafton.com https://mail.google.com/mail/u/0/?ik=fe31cb4a83&view=pt&search=all&permmsgid=msg-f:1775770585097148906&simpl=msg-f:1775770585097148906 2/3

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