Diaz Gutierrez et al v. Frederick et al, No. 2:2024cv00434 - Document 13 (D. Nev. 2024)
Court Description: SCHEDULING ORDER granting 12 Discovery Plan and Scheduling Order. Discovery due by 4/18/2025. Motions due by 5/19/2025. Proposed Joint Pretrial Order due by 6/18/2025. Signed by Magistrate Judge Elayna J. Youchah on 4/19/2024. (Copies have been distributed pursuant to the NEF - MAM)
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Diaz Gutierrez et al v. Frederick et al Doc. 13 1 DARRELL D. DENNIS, ESQ. Nevada Bar No. 006618 2 Darrell.Dennis@lewisbrisbois.com STEVEN B. ABBOTT, ESQ. 3 Nevada Bar No. 010303 Steven.Abbott@lewisbrisbois.com 4 LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 5 Las Vegas, Nevada 89118 Telephone: 702.893.3383 6 Facsimile: 702.893.3789 Attorneys for Defendant, 7 James Joseph Frederick & Defendant Laboratory Corporation of 8 America 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 JORGE DIAZ GUTIERREZ, an individual; 13 JORGE RUIZ PEREZ, an individual; SANDI DIAZ LOZANO, an individual; and 14 ZAYDA MARTINEZ DOMINGUEZ, an individual, 15 Plaintiffs, 16 vs. 17 JAMES JOSEPH FREDERICK, an 18 individual; LABORATORY CORPORATION OF AMERICA, a 19 Delaware Corporation; DOES I through X, inclusive; ROE CORPORATIONS I 20 through X, inclusive; ROE LIMITED LIABILITY COMPANIES I through X, 21 inclusive, 22 CASE NO.: 2:24-cv-00434-EJY PROPOSED STIPULATED DISCOVERY PLAN AND SCHEDULING ORDER (SPECIAL SCHEDULING REVIEW REQUESTED) Defendants. 23 24 Defendant JAMES JOSEPH FREDERICK and Defendant LABORATORY 25 CORPORATION OF AMERICA (“Defendants”), by and through its attorneys of record, 26 LEWIS BRISBOIS BISGAARD & SMITH LLP, by and through its attorneys of record, LEWIS 27 BRISBOIS BISGAARD & SMITH LLP, and Plaintiff, JORGE DIAZ GUTIERREZ, Plaintiff LEWIS 28 JORGE RUIZ PEREZ, Plaintiff, SANDI DIAZ LOZANO, and Plaintiff, ZAYDA MARTINEZ BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 139303457.1 Dockets.Justia.com 1 DOMINGUEZ (“Plaintiffs”), by and through their counsel of record, VEGAS VALLEY INJURY 2 LAW, submit the following Stipulated Discovery Plan and Scheduling Order pursuant to 3 FRCP 26(f) and LR 26-1. 4 1. FRCP 26(f) Meeting: 5 Pursuant to FRCP 26(f), on April 19, 2024, counsel for the parties met and conferred 6 to develop a proposed discovery plan. The conference was held by Kris Zeppenfeld, Esq. 7 of VEGAS VALLEY INJURY LAW, on behalf of the Plaintiffs, and Steven Abbott, Esq. of 8 LEWIS BRISBOIS BISGAARD & SMITH LLP on behalf of the Defendants. During the 9 mandatory FRCP 26(f) Conference the Parties agreed that a discovery period of 365 days 10 is appropriate in order to full explore the issues in this matter, especially the distances 11 involved since all four Plaintiffs are citizens of the country of Mexico. Furthermore, this 12 extended period allows the parties to continue the active settlement negotiations that are 13 already underway without expenditures of costs and fees in discovery. 14 2. Areas of Discovery 15 The parties agree that discovery under the Federal Rules of Civil Procedure, 16 including by Rule 26(b), Rule 30, Rule 33, Rule 34, Rule 36, and Rule 45 should be 17 permitted, such that the parties may obtain discovery regarding any non-privileged matter 18 that is relevant to any party’s claim or defense, and proportional to the needs of the case, 19 subject to the limitations imposed by Rule 26(b)(2). 20 3. Discovery Plan 21 The parties propose the following discovery plan. The parties have agreed that 22 discovery will take three hundred and sixty five (365) days to complete for the following 23 reasons. Plaintiff’s counsel confirmed he is still undergoing treatment for the accident that 24 is the subject of this lawsuit. Furthermore, lead counsel for the Defendants will be 25 undergoing a surgical procedure that he will need time off for. Also, additional time is 26 needed to engage in discovery on multiple fronts, including but not limited to complement 27 of treatment, independently collect all medical records, complete multiple depositions of LEWIS 28 parties, fact witness depositions, retain experts, take depositions of experts, document BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 139303457.1 2 1 review, and engage in other discovery tasks that necessitated the extended discovery 2 period. Consequently, the Parties agreed that a discovery period of 365 days is appropriate 3 in order to full explore the issues in this matter, especially considering the distances 4 involved with Plaintiffs all citizens of Mexico coupled with he fact the Parties are already 5 engage in settlement discussions, however, time is needed to complete discovery if the 6 case isn’t revolved at mediation. Subject to the preceding, the parties present the following 7 proposed discovery plan. 8 a. Discovery Cut-Off Date 9 The parties herein stipulate that the discovery period shall be three hundred and 10 sixty-five (365) days from April 18, 2025. The parties agree that discovery must be 11 commenced and completed no later than Friday, April 18, 2025. 12 b. Amending the Pleadings or Adding Parties 13 The parties shall have until Friday, January 18, 2025, to file any motions to amend 14 the pleadings or to add parties. This is ninety (90) days prior to the close of discovery. 15 c. FRCP 26(a)(2) Disclosure of Experts 16 The disclosure of the experts shall proceed according to FRCP Rule 26(a)(2)(D) and 17 as follows: 18 - The disclosure of initial experts and their reports shall occur on or before 19 Friday, January 18, 2025, 20 - The disclosure of rebuttal experts and their reports shall occur on or before 21 Monday, February 17, 2025, 22 The deadline for initial expert discovery deadline is ninety (90) days before the 23 discovery cut-off date and the rebuttal is more than thirty (30) days after the initial disclosure 24 of experts but adjusted for the holiday season pursuant to agreement between counsel. 25 d. Dispositive Motions 26 The parties shall have until Monday, May 19, 2025, to file dispositive 27 motions, thirty (30) days after the discovery cut-off. (The actual date falls on Sunday, May LEWIS 28 18, 2025 so the Parties agree that this day should roll to the next business day.) BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 139303457.1 3 1 e. Pre-Trial Order 2 The parties will prepare a Joint Pre-Trial Order by Wednesday, June 18, 2025, which 3 is not more than thirty (30) days after the date set for filing dispositive motions in this case, 4 as required by LR 26-1(e)(5). In the event dispositive motions are filed, the date for filing 5 the joint pretrial order shall be suspended until thirty (30) days after decision of the 6 dispositive motions or further order of the Court. The disclosure required by FRCP Rule 7 26(a)(3), and objections thereto, shall be made in the pre-trial order. 8 f. FRCP 26(a)(3) Disclosures 9 Pursuant to FRCP Rule 26(a)(1), the Parties will serve their respective initial 10 disclosures promptly by Friday, May 10, 2024. 11 g. Modifications of the Discovery Plan and Scheduling Order 12 LR 26-4 governs modifications or extensions of this Discovery Plan and 13 Scheduling Order. Any stipulation or motion must be made at least twenty-one (21) days 14 prior to the expiration of any extension thereof that may have been approved by the 15 Court, or at least twenty-one (21) days prior to the expiration of the subject deadline. 16 h. Format of Discovery 17 Pursuant to the electronic discovery amendments to the Federal Rules of Civil 18 Procedure effective December 1, 2006, the parties addressed the e-discovery issues 19 pertaining to the format of discovery at the Rule 26(f) conference. The parties do not 20 anticipate discovery of native files or metadata at this time. Each party reserves the 21 right to make a showing for the need of electronic data as discovery progresses. 22 4. Certifications 23 The parties certify as follows: 24 a. Alternative Dispute Resolution 25 The parties have discussed alternative dispute resolution (ADR) and reviewed this 26 case for private mediation and/or a judicial settlement conference at a later time if current 27 settlement talks do not resolve the case. LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 139303457.1 4 1 b. Alternative Forms of Case Disposition 2 The parties considered consent to trial by magistrate judge under 28 U.S.C. § 636(c) 3 and FRCP 73 and the use of the Short Trial Program (General Order 2013-01). The parties 4 do not consent to such forms of alternative case disposition. 5 c. Electronic Evidence 6 The parties discussed whether they intend to present evidence in electronic format 7 to jurors for the purpose of the jury deliberations. No stipulations have been reached as of 8 the filing of this plan regarding providing discovery in an electronic format compatible with 9 the court’s electronic jury evidence display system. 10 11 Activity Date 12 Initial Disclosures May 10, 2024 13 Amend Pleadings January 18, 2025 14 Expert Disclosures January 18, 2025 15 Rebuttal Expert Disclosures February 17, 2025 16 Discovery Cut-Off Date April 18, 2025 17 Dispositive Motions May 19, 2025 18 Pretrial Order June 18, 2025 19 20 /// 21 22 /// 23 24 /// 25 26 /// 27 LEWIS 28 /// BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 139303457.1 5 1 APPROVED AS TO FORM AND CONTENT. 2 IT IS SO STIPULATED AND AGREED. 3 SUBMITTED BY THE FOLLOWING COUNSEL OF RECORD: 4 5 DATED this 19th day of April, 2023. DATED this 19th day of April, 2023. 6 7 8 9 10 11 12 LEWIS BRISBOIS BISGAARD & SMITH LLP VEGAS VALLEY INJURY FIRM Steven Abbott /s/ STEVEN B. ABBOTT, ESQ. Nevada Bar No. 10303 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 Tel. 702.893.3383 Attorneys for Defendants /s/ Kristopher Zeppenfield KRISTOPHER ZEPPENFIELD, ESQ. Nevada Bar No. 12144 710 S. Seventh Street, Suite C Las Vegas, Nevada 89101 Attorneys for Plaintiffs 13 ORDER 14 15 IT IS SO ORDERED. 16 IT IS FURTHER ORDERED that no extension of discovery will be granted absent 17 a demonstration that substantial discovery was completed during the initial 365 day 18 period requested. 19 DATED on this 19th day of April, 2024. 20 21 __________________________________________ UNITED STATES MAGISTRATIE JUDGE 22 23 24 25 26 27 LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 139303457.1 6
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