Swanson v. Starbucks Corporation, No. 2:2023cv01823 - Document 13 (D. Nev. 2024)
Court Description: SCHEDULING ORDER granting 12 Discovery Plan and Scheduling Order. Discovery due by 9/9/2024. Motions due by 10/9/2024. Proposed Joint Pretrial Order due by 11/8/2024. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 4/19/2024. (Copies have been distributed pursuant to the NEF - MAM)
Download PDF
<![CDATA[
Swanson v. Starbucks Corporation 1 2 3 4 5 6 7 Doc. 13 Anthony L. Martin Nevada Bar No. 8177 anthony.martin@ogletree.com Elody C. Tignor Nevada Bar No. 15663 elody.tignor@ogletree.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 10801 W. Charleston Blvd. Suite 500 Las Vegas, NV 89135 Telephone: 702.369.6800 Fax: 702.369.6888 8 Attorneys for Defendant Starbucks Corporation dba Starbucks Coffee Company 10 UNITED STATES DISTRICT COURT 11 12 10801 W. Charleston Blvd. Suite 500 Las Vegas, NV 89135 Telephone: 702.369.6800 Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 9 FOR THE DISTRICT OF NEVADA MARGARET SWANSON, 13 Plaintiff, 14 vs. 15 16 17 STARBUCKS CORPORATION dba STARBUCKS COFFEE COMPANY, a Washington Corporation, Case No.: 2:23-cv-01823-APG-MDC ____________ [PROPOSED] STIPULATED DISCOVERY PLAN AND SCHEDULING ORDER SPECIAL SCHEDULING REVIEW REQUESTED Defendant. 18 19 Plaintiff Margaret Swanson (“Plaintiff”) and Defendant Starbucks Corporation dba 20 Starbucks Coffee Company (“Defendant”), by and through their respective attorneys of record, 21 hereby submit this Stipulated Discovery Plan and Scheduling Order pursuant to Federal Rule of Civil 22 Procedure 26(f) and Local Rule 26-1(b). 23 I. Procedural History 24 Plaintiff filed her Complaint in federal court on November 6, 2023. (ECF No. 1.) Defendant 25 filed its Answer to Plaintiff’s Complaint on March 12, 2024. (ECF No. 8.) On March 14, 2024, the 26 Court ordered an Early Neutral Evaluation Session set for May 6, 2024. (ECF No. 9.) 27 28 Undersigned counsel conducted a discovery conference pursuant to Fed. R. Civ. P. 26(f) on April 9, 2024. Dockets.Justia.com II. Fed. R. Civ. P. 26(f) Meeting 2 On April 9, 2024, Michael Balaban, counsel for Plaintiff and Elody C. Tignor of Ogletree, 3 Deakins, Nash, Smoak & Stewart, P.C, counsel for Defendant, participated in the Fed. R. Civ. P. 4 26(f) conference. 5 III. Initial Disclosures 6 Pursuant to Fed. R. Civ. P. 26(f)(3)(A), the parties stipulate that there shall be no changes to 7 the form or requirement for disclosures under FRCP 26(a). The parties have stipulated that 8 disclosures under FRCP 26(a) shall be due on or before April 30, 2024, which is twenty-one (21) 9 days from April 9, 2024, the Rule 26(f) Conference with Defendant’s Counsel. 10 10801 W. Charleston Blvd. Suite 500 Las Vegas, NV 89135 Telephone: 702.369.6800 Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 1 IV. Statement Why Longer Time Period for Initial Disclosures Should Apply 11 Good cause exists to extend the deadline for the initial disclosures, and there is no prejudice 12 to any party. The parties agreed to a one week extension to submit the initial disclosures because 13 defense counsel’s office was closed the week of April 8, 2024, following the tragic events and loss 14 of life that occurred on April 8, 2024 at 10801 W. Charleston Blvd, where defense counsel’s office 15 is located. 16 V. The Subjects on Which Discovery Will Be Conducted 17 The parties agree that discovery will be needed on the Plaintiff’s claims and causes of action, 18 damages, as well as the Defendant’s defenses to the same consistent with the Federal Rules of Civil 19 Procedure and the Local Rules of this District. The parties may obtain discovery regarding any non- 20 privileged matter that is relevant to any party’s claim or defense and proportional to the needs of the 21 case subject to the limitations imposed by Rule 26(b)(2). 22 VI. Issues Related to The Disclosure or Discovery Of Electronically Stored Information 23 The parties believe that this case may involve or require the inspection or production of some 24 electronically stored information (“ESI”). To the extent a party requests ESI, the parties agree that 25 the ESI can be produced in paper format, as a readable image (e.g., .pdf, .jpg, or .tiff) file, or via hard 26 electronic copy (e.g., CD_ROM, DVD, or Dropbox.com) while reserving the right to seek ESI 27 thereafter if necessary and to the extent readable images are insufficient in establishing any claims 28 or defenses. If a party later requests the ESI be produced in its native format and/or as a forensic 2 10801 W. Charleston Blvd. Suite 500 Las Vegas, NV 89135 Telephone: 702.369.6800 Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 1 copy, the parties agree to meet and confer to determine the parameters of the production and to 2 produce according to the Federal Rules of Civil Procedure and LR 26-1(b)(9). 3 VII. Issues Regarding Privilege or Protection 4 The parties agree to be bound by Federal Rule of Evidence 502 regarding the disclosure of 5 privileged material or work product. Further, the parties acknowledge and agree that while each 6 taking reasonable steps to identify and prevent the disclosure of any document (or information) that 7 they believe is privileged, there is a possibility that certain privileged material may be produced 8 inadvertently. Accordingly, the parties agree that a party who produces a document protected from 9 disclosure by the attorney-client privilege, attorney work product doctrine or any other recognized 10 privilege (“privileged document”) without intending to waive the claim of privilege associated with 11 such document may promptly, meaning within fifteen (15) days after the producing party actually 12 discovers that such inadvertent disclosure occurred, amend its discovery response and notify the 13 other party that such document was inadvertently produced and should have been withheld. Once 14 the producing party provides such notice to the requesting party, the requesting party must promptly, 15 meaning within seventy-two (72) hours, return the specified document(s) and any copies thereof. By 16 complying with this obligation, the requesting party does not waive any right to challenge the 17 assertion of privilege and request an order of the Court denying such privilege. 18 VIII. Discovery Disputes 19 The parties agree that before moving for an order relating to discovery after complying with 20 the Federal Rules of Civil Procedure and applicable Local Rules of this District, the moving party 21 must request a status conference with the Court pursuant to Fed. R. Civ. P. 16(b)(3)(v). 22 IX. Alternative Dispute Resolution 23 The parties hereby certify that they have met and conferred about the possibility of using 24 alternative dispute resolution processes including mediation, arbitration. The parties believe private 25 mediation may be beneficial, and the parties will meet and confer about it further. The Early Neutral 26 Evaluation is scheduled for May 6, 2024. 27 /// 28 /// 3 10801 W. Charleston Blvd. Suite 500 Las Vegas, NV 89135 Telephone: 702.369.6800 Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 1 X. Alternative Forms of Case Disposition 2 Pursuant to LR 26-1(b)(7-9), the parties hereby certify that they considered consent to trial 3 by a magistrate judge under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73 and the use of the Short Trial 4 Program. At this time, the parties do not consent to trial by the magistrate judge or to the use of the 5 Court’s Short Trial Program. 6 XI. Electronic Evidence 7 The parties hereby certify that they discussed whether they intend to present evidence in 8 electronic format to jurors for the purposes of jury deliberations. Discussions between the parties 9 will be ongoing as the trial date approaches, and the parties stipulate that they intend to present any 10 electronic evidence in a format compatible with the court’s electronic jury evidence display system. 11 XII. Discovery Plan 12 All discovery in this case will be conducted in accordance with the Federal Rules of Civil 13 Procedure and applicable Local Rules of this District Court. The parties propose to the Court the 14 following cut-off dates: 15 a. Discovery Cut-off Date: The discovery cut-off deadline shall be Monday, 16 September 9, 20241, 180 days from the Date of Defendants’ First Appearance in this case, which 17 was filed on March 12, 2024. 18 19 20 b. Amending the Pleadings and Adding Parties: The deadline to amend pleadings or add parties shall be Tuesday, June 11, 2024, ninety (90) days prior to the discovery cut-off date. c. Expert Disclosures: The expert disclosure deadline shall be Thursday, July 11, 21 2024, sixty (60) days prior to the discovery cut-off date. Rebuttal expert disclosures shall be made 22 by Monday, August 12, 20242, thirty (30) days after the initial disclosure of experts. 23 24 25 26 27 28 1Pursuant to FRCP 6(a)(1)(C), if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Here, the discovery deadline would be Sunday, September 8, 2024, therefore, pursuant to FRCP 6(a)(1)(C), the discovery deadline is Monday, September 9, 2024. 2Pursuant to FRCP 6(a)(1)(C), if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Here, the rebuttal expert disclosure deadline would be Saturday, August 10, 2024, therefore, pursuant to FRCP 6(a)(1)(C), the rebuttal expert disclosure deadline is Monday, August 12, 2024. 4 1 2 d. 2024, which is thirty (30) days after the discovery cut-off date. 3 e. 10801 W. Charleston Blvd. Suite 500 Las Vegas, NV 89135 Telephone: 702.369.6800 Pretrial Order: The Pretrial Order shall be filed not later than Friday, November 4 8, 2024, thirty (30) days after the deadline for filing dispositive motions date. In the event dispositive 5 motions have been filed, the Pretrial Order shall be suspended until thirty (30) days after a decision 6 of the dispositive motions or further order of the Court. 7 Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Dispositive Motions: Dispositive motions shall be filed by Wednesday, October 9, f. Fed. R. Civ. P. 26(a)(3) Disclosures: The pretrial disclosures required by Fed. R. 8 Civ. P. 26(a)(3), and any objections thereto, shall be included in the final pretrial order in accordance 9 with LR 26-1(b)(6). 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 5 1 2 In accordance with LR 26-4, any motion or stipulation to extend a deadline set forth in this 3 discovery plan and scheduling order shall be received by the Court no later than twenty-one (21) 4 days before the expiration of the subject deadline. A request made within 21 days of the subject 5 deadline will be supported by a showing of good cause. Any stipulation or motion will comply fully 6 with LR 26-4. 7 Dated this 17th day of April, 2024. LAW OFFICES OF MICHAEL P. BALABAN Dated this 17th day of April, 2024. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 12 /s/ Michael P. Balaban Michael P. Balaban Nevada Bar No. 9370 10726 Del Rudini Street Las Vegas, NV 89141 13 Attorney for Plaintiff /s/ Elody C. Tignor Anthony L. Martin Nevada Bar No. 8177 Elody C. Tignor Nevada Bar No. 15663 10801 W. Charleston Blvd. Suite 500 Las Vegas, NV 89135 8 9 10 11 10801 W. Charleston Blvd. Suite 500 Las Vegas, NV 89135 Telephone: 702.369.6800 Ogletree, Deakins, Nash, Smoak & Stewart, P.C. XIII. Extensions or Modifications of the Discovery Plan and Scheduling Order 14 Attorneys for Defendant 15 16 ORDER 17 18 IT IS SO ORDERED. 19 UNITED STATES MAGISTRATE JUDGE 20 21 DATE 4-19-24 22 23 24 25 26 27 28 6
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
