Olivas-Arenas v. Hobby Lobby Stores, Inc.

|| NEWILSONELSER 2 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP MICHAEL P. LOWRY, ESQ.

3 || Nevada Bar No. 10666 E-mail: Michael.Lowry @wilsonelser.com || ROBERT L. THOMPSON, ESQ.

Nevada Bar No. 9920 |] E-mail: Robert. Thompson @ wilsonelser.com 300 South 4" Street, 11° Floor || Las Vegas, NV 89101-6014 Tel: 702.727.1400/Fax: 702.727.1401 || Attorneys for Hobby Lobby Stores, Inc.; 2199 North Rainbow Boulevard Holdings, LLC 9 UNITED STATES DISTRICT COURT 10 CLARK COUNTY, NEVADA ul HAYRI OLIVAS-ARENAS, individually, CASE NO.: 2:19-cv-00624-RFB-VCF 12 Plaintiffs, STIPULATION AND ORDER TO 13 y EXTEND DISCOVERY DEADLINES , (Fifth Request) || HOBBY LOBBY STORES, INC. d/b/a HOBBY LOBBY #679 d/b/a HOBBY LOBBY; 2100 NORTH RAINBOW BOULEVARD HOLDINGS, LLC; DOES || 1 through 100 and ROE CORPORATIONS 1 through 100, inclusive, Defendants.

20 Plaintiff, HAYRI OLIVAS-ARENAS (“Plaintiff”), through her counsel of record FARHAN ||}R. NAQVI and PAUL G. ALBRIGHT of Naqvi Injury Law and Defendants, HOBBY LOBBY || STORES, INC. d/b/a HOBBY LOBBY #679 d/b/a HOBBY LOBBY and 2199 NORTH RAINBOW BOULEVARD HOLDINGS, LLC, through their counsel of record MICHAEL P. LOWRY and ROBERT L. THOMPSON of WILSON ELSER MOSKOWITZ EDELMAN & DICKER, submit this STIPULATION AND ORDER TO EXTEND DISCOVERY (FIFTH REQUEST) pursuant to LR-26-4 for the Court’s consideration: ||/// 1 I.

DISCOVERY COMPLETED TO DATE: 1. A Rule 26(f) Case Conference was held and a Discovery Plan/Scheduling Order was filed.

2. Plaintiff has made initial disclosures, and supplements thereto.

3. Defendants have made initial disclosures, and supplements thereto.

7 4. Plaintiff has propounded a first set of requests for production to Defendant 2199 North 8 Rainbow Boulevard Holdings, LLC, to which responses were provided.

9 5. Plaintiff has propounded a first set of requests for production to Defendant Hobby Lobby Stores, Inc. d/b/a Hobby Lobby #679 d/b/a Hobby Lobby, to which responses were provided.

6. Plaintiff has propounded a first set of interrogatories to Defendant Hobby Lobby Stores, Inc. d/b/a Hobby Lobby #679 d/b/a Hobby Lobby, to which responses were provided.

7. Defendant 2199 North Rainbow Boulevard Holdings, LLC has propounded a first set of 15 interrogatories to Plaintiff, to which responses have been provided.

16 8. Defendant 2199 North Rainbow Boulevard Holdings, LLC has propounded a first set of 17 requests for production to Plaintiff, to which responses have been provided.

9. Plaintiff has propounded a second set of interrogatories to Defendant Hobby Lobby Stores, Inc. d/b/a Hobby Lobby #679 d/b/a Hobby Lobby, to which responses were provided.

10.Plaintiff has propounded a third set of interrogatories to Defendant Hobby Lobby Stores, Inc. d/b/a Hobby Lobby #679 d/b/a Hobby Lobby, to which responses were provided.

23 11.Subpoena duces tecum have been sent to various facilities and entities requesting records.

24 12.Deposition of Hobby Lobby employee, Apolinar Lopez.

25 13.A site inspection has been performed.

14.The parties have made initial and rebuttal expert disclosures.

II.

1 DISCOVERY TO BE COMPLETED 1. Depositions of various witnesses including, but not limited to: a. Defendant’s FRCP 30(b)(6) designees; b. Defendant’s employees; c. Plaintiff; 7 d. Plaintiff’s treating physicians; 8 e. The parties retained experts; and 9 f. Other witnesses as needed 2. Additional written discovery; and 3. Other discovery as needed.

III.

WHY DISCOVERY CANNOT BE COMPLETED IN THE TIME PROVIDED BY THE 15 SCHEDULING ORDER.

16 Good cause exists to grant a discovery extension in this case. Due to the COVID-19 pandemic and resulting orders from the Governor, scheduling and arranging the remaining depositions, as well as conducting further discovery, has proven difficult.

For example, Plaintiff has requested the deposition of Defendant’s Rule 3-(b)(6) witness. This witness would most likely be out of state and require travel to Nevada. Hobby Lobby has shut down most of its operations, and it is unclear if getting the witness to make arrangements to Nevada to appear for his or her deposition in the next 4-6 weeks would be feasible. The parties request the extension of discovery by two months to allow for additional room to complete this, as well as other witness depositions, including expert depositions, and to make the necessary safety/travel accommodations necessary for the witnesses to appear. The parties also seek additional time to |/conduct any other discovery deemed necessary. Therefore, the parties are being proactive by requesting that discovery be extended to the time frame below: IV.

PROPOSED SCHEDULE FOR COMPLETEING REMAINING DISCOVERY | DISCOVERY CURRENT DEADLINE PROPOSED DEADLINE | Interim Status Report Closed | Initial Expert Disclosure Closed | Rebuttal Expert Disclosure Closed | Close of Discovery July 6, 2020 September 7, 2020 | __Dispositive Motions August 6, 2020 October 6, 2020 B | Pretrial Order September 7, 2020 November 9, 2020 14 If dispositive DATED this 22™ day of May, 2020. DATED this 22™ day of May, 2020. □□□□ ae □ 15 for filing the j NAQVI INJURY LAW WILSON, ELSER, MOSKOWITZ, □ pretrial order 16 EDELMAN & DICKER LLP be suspended days after 17 decision on th BY:_/s/ Paul G, Albright BY: _ /s/ Michael P. Lowry dispositive 18 Farhan R. Naqvi Michael P. Lowry motions or fu Nevada Bar No. 8589 Nevada Bar No. 10666 court order.

19 Paul G. Albright Robert L. Thompson Nevada Bar No. 14159 Nevada Bar No. 9920 20 9500 W. Flamingo Road Suite 104 300 South Fourth Street, 11th Floor 1 Las Vegas, NV 89147 Las Vegas, NV 89101 Attorneys for Plaintiff Attorneys for Defendants 23 ORDER 24 It is so ordered.

May Dated this 72"4 day of 2020.

27 UNITED STATES MAGISTRATE JUDGE