Torremoro v. Eighth Judicial District Court

The Supreme Court denied a petition for a writ of mandamus in this tort action, holding that the district court did not abuse its discretion in modifying the scheduling order, reopening discovery, and granting a motion to substitute.

At issue in this case was the standard for substituting an expert witness after the close of discovery. Lamont Compton brought this complaint against Petitioners seeking damages for injuries received from a motor vehicle accident. Compton designated Dr. Jeffrey Gross as his expert, after which Dr. Gross pleaded guilty to conspiracy in a federal case. The district court subsequently granted Compton's motion to substitute Dr. Raimundo Leon for Dr. Gross. The district court granted the motion. The Supreme Court concluded that hte district court properly granted the motion, holding that Nev. R. Civ. P. 16(b)(4)'s good cause test, in combination with relevant local rules, provides the standard governing when a district court may modify a scheduling order.