Miller v. Nevada CVS Pharmacy, L.L.C.

1 ALELAVNENRS SOANN TDAEYRSL,O ERS Q&. SANDERS Nevada Bar No.: 000390 COURTNEY CHRISTOPHER, ESQ.

3 Nevada Bar No.: 012717 6605 Grand Montecito Parkway, Ste. 200 Las Vegas, NV 89149 Telephone: (702) 384-7000 [email protected] Attorneys for Defendant NEVADA CVS PHARMACY, LLC UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 ** ATOM MILLER, Case No.: 2:19-cv-01554-RFB-VCF 11 Plaintiff, vs. STIPULATION TO EXTEND DISCOVERY AND AMEND 13 DISCOVERY SCHEDULING ORDER NEVADA CVS PHARMACY, LLC; a Nevada (SECOND REQUEST) Limited Liability Company; DOES I-X and ROE CORPORATIONS I-X, inclusive, 16 Defendants.

STIPULATION TO EXTEND DISCOVERY AND AMEND DISCOVERY SCHEDULING ORDER 19 (SECOND REQUEST) 20 COMES NOW Plaintiff, ATOM MILLER (hereinafter “Plaintiff”); Defendant NEVADA CVS PHARMACY, L.L.C. (hereinafter “CVS”) by and through their respective undersigned counsel of record and hereby stipulate to modifying the Scheduling Order pursuant to FRCP 16(b)(4) and extend discovery pursuant to Local Rule 26-4 as set forth herein.

24 I.

25 LEGAL STANDARD 26 Federal Rule of Civil Procedure 16(b) provides that a case management schedule can be modified upon a showing of good cause and by leave of the district judge. The good cause standard primarily considers the diligence of the party seeking the amendment. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). A party moving for an amendment to a scheduling order must therefore show that the scheduling order imposes deadlines that have become unworkable notwithstanding its diligent efforts to comply with the schedule, and that it was diligent in seeking the amendment once it became apparent that extensions were necessary. Jackson v. Laureate, Inc., 186 F.R.D. 605, 608 (E.D. Cal. 1999).

6 Pursuant to Nevada District Court Local Rule 26-4, a motion or stipulation to extend a discovery deadline or to reopen discovery must include: (a) A statement specifying the discovery completed; (b) A specific description of the discovery that remains to be completed; (c) The reasons why the deadline was not satisfied or the remaining discovery was not completed within the time limits set by the discovery plan; and (d) A proposed schedule for completing all remaining discovery.

12 II.

13 BACKGROUND 14 This case arises out of an alleged slip-and-fall incident at the CVS Store in Las Vegas, Nevada (Store No. 8798). Plaintiff’s Complaint was filed against CVS, alleging causes of action for negligence. Plaintiff alleges that on December 20, 2017, as he was exiting the CVS store, an advertisement sign had fallen onto the ground due to a gust of wind. Plaintiff alleges he slipped on the sign leading to his injuries as described in his Complaint.

19 III.

20 STIPULATION & DISCUSSION 21 All counsel has been diligent in completing discovery and familiarizing themselves with the facts and issues. However, in light of the recent coronavirus restrictions, no depositions, site inspections, or IME may be scheduled within the next two – three months, an unforeseen delay the parties did not, and could not have, originally contemplated. Thus, it is now anticipated that the current discovery deadlines will be unworkable.

26 / / / / / / / / / 1 In addition, a trial has not yet been set and is not imminent; (2) there is no party opposing the request; (3) and no party has expressed prejudice. Therefore, pursuant to the foregoing FRCP 16(b)(4) and Local Rule 26-4 this stipulation is warranted and justified by good cause.

5 A. Discovery Completed To Date 6 1. Both Plaintiff and CVS have made/served their FRCP 26(f) Disclosures and continue to provide supplements thereto.

8 2. Plaintiff has propounded written discovery and Defendant has responded to said written discovery and provided supplements in relation thereto.

10 3. Defendant is in the process of obtaining Plaintiff’s medical records.

11 B. Discovery Remaining 12 A substantial amount of discovery remains to be completed in this matter. Defendant is still in the process of independently obtaining Plaintiff’s medical records. The depositions of Plaintiff Atom Miller and Defendant CVS’ 30(b)(6) witness must still be taken; as well as any fact witness deposition that may arise from party depositions. Experts still need to complete their reviews/inspections, as well as any additional necessary written discovery that may arise in the normal course of discovery.

18 C. The Reasons Why Discovery Remaining Was Not Completed 19 On March 6, 2020, Defendant CVS substituted its counsel of record, as such, new counsel required time to become familiar with the facts and circumstances surrounding the matter. Plaintiff vacated its deposition of Defendant CVS’s 30(b)(6) deposition to allow new counsel preparation time. Following this, Nevada Governor Steve Sisolak declared a state of emergency due to the COVID-19 outbreak. Pursuant to this and the Court’s orders, discovery outside of written form has not been undertaken for the safety of the parties. Plaintiff and Defendant have continued to have settlement discussions, and wish those to continue without the urgent deadlines for completing discovery and increasing litigation costs.

27 / / / / / / l For these good causes shown, the parties propose the following one hundred and twenty ||(120) day extension to the Scheduling Order to fully complete discovery and avoid additional ||requests to extend the same. The deadlines are based on the current state of affairs and allowing || for sufficient time to safely notice and take the depositions of Defendants 30(b)(6) witness and || Plaintiff, while also providing for additional time for the parties expert to review and submit their || reports.

D. Proposed Amended Scheduling Order 9 Interim Status Report May 11, 2020 September 10, 2020 Initial Expert Disclosure May 11, 2020 September 10, 2020 || | Rebuttal Expert Disclosure June 10, 2020 October 12, 2020 11 Close of Discovery July 9, 2020 November 10, 2020 August 6, 2020 December 12, 2020 Joint Pre-Trial Order September 4, 2020 January 11, 2021 = 418 £3 244 THE FOREGOING IS HEREBY STIPULATED AND AGREED. meee Dated this 9"" day of June, 2020. Dated this 10" day of June, 2020.

16 |} ADAM SMITH LAW ALVERSON TAYLOR & SANDERS || 4/ Christian A. Miles Christian A. Miles, Esq. LeAnn Sanders, Esq.

18 || Nevada Bar No.: 013193 Nevada Bar No.: 000390 6130 Elton Ave. Courtney Christopher, Esq.

Las Vegas, NV 89107 Nevada Bar No.: 012717 Atto rneys for Plaintiff 6605 Grand Montecito Parkway, Ste. 20 ATOM MILLER Las Vegas, NV 89149 21 Attorneys for Defendant 0 NEVADA CVS PHARMACY, LLC 23 If dispositive motions are filed, the 24 deadline for filing the joint pretrial order will be suspended until 30 days 25 after decision on the dispositive moti or further court order.

7 WISSOORBERED.

JNITED STATES MAGISTRATE JUDGE CC-26579 DATED- 6-10-2020 1 CERTIFICATE OF SERVICE 2 Pursuant to FRCP 5, I hereby certify that 1 am an employee of ALVERSON TAYLOR & || SANDERS and that on the 10“ day of June, 2020, I caused to be served via CM/ECF a true and |I correct copy of STIPULATION TO EXTEND DISCOVERY AND AMEND DISCOVERY || SCHEDULING ORDER (SECOND REQUEST), to the following: Adam D. Smith, Esq.

7 Christian A. Miles, Esq.

ADAM SMITH LAW 8 6130 Elton Ave. Las Vegas, NV 89107 9 [email protected] [email protected] 10 Attorneys for Plaintiff NihAne (Robo ta An Employee of ALVERSON TAYLOR & SANDERS |S >& < 16 |} m:\courtney.grp\cases\26579\pleadings\sao to ext disc.doc 2 17 23 .

5 CC-26579