Goodwyn v. Albertson's LLC

1 JNaecvka Pd.a BSutartdee nB,a Er sNqo. . 6918 Xiao Wen Jin, Esq.

Nevada State Bar No. 13901 BACKUS, CARRANZA & BURDEN 3050 South Durango Drive Las Vegas, NV 89117 T: (702) 872-5555 F: (702) 872-5545 [email protected] [email protected] Attorneys for Defendant Albertson’s LLC UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA CYNTHIA GOODWYN, Case No. 2:18-cv-01754-JAD-EJY 10 Plaintiff, STIPULATION AND ORDER TO 11 vs. EXTEND DISCOVERY DEADLINES (EIGHTH REQUEST) ALBERTSON’S LLC, 13 Defendant.

In accordance with Local Rules of Practice for the United States District Court for the District of Nevada (“LR”) 26-4, Defendant Albertson’s LLC (“Defendant”), by and through its counsel of record, the law firm of BACKUS, CARRANZA & BURDEN, and Plaintiff Cynthia Goodwyn (“Plaintiff”), by and through her counsel of record, the law firm of SGRO & ROGER, hereby stipulate and agree to an extension of all remaining discovery deadlines by sixty (60) days. The parties propose the following revised discovery plan: DISCOVERY COMPLETED TO DATE The parties have exchanged initial and supplemental disclosures of documents and the names of individuals with knowledge of the facts pertaining to the claims set forth in this matter.

The parties have propounded and responded to written discovery requests including interrogatories and requests for production. Defendant has subpoenaed Plaintiff’s medical records and taken Plaintiff’s deposition. Plaintiff has taken the deposition of Defendant’s FRCP 30(b)(6) witness. The parties have made initial and rebuttal expert disclosures.

3 DISCOVERY TO BE COMPLETED 4 The parties intend to take the deposition of experts, Plaintiff’s treating physicians and other percipient witnesses.

6 REASONS FOR EXTENSION TO COMPETE DISCOVERY 7 With Nevada now starting to loosen some of its Stay-At-Home restrictions, there has been an uptick in COVID-19 cases. On June 15, 2020, Governor Sisolak held a news conference where he announced that Nevada is “not ready to enter Phase 3 of reopening” due to the rising number of COVID-19 cases.1 Thus, to combat the spread of COVID-19, counsel for the parties continue to practice social distancing to the extent possible which has and continues to significantly impact their ability to conduct discovery and meet the applicable deadlines. The parties however realize that expert depositions must go forward and will do so via Zoom technology. Moreover, the parties intend to participate in mediation and will briefly limit some discovery to avoid incurring additional fees and costs in the event that the mediation is successful.

16 The parties therefore request for a 60-day extension of the remaining discovery deadlines. This request is made in good faith, not for the purpose of delay.

18 PROPOSED NEW DISCOVERY DEADLINES 19 Discovery Cutoff: 20 Currently: August 3, 2020 21 Proposed: October 2, 2020 The parties request that the Court take judicial notice of the news article by KTNV Las Vegas reporting that Governor Sisolak stated at a press conference on June 15, 2020 that “we are not ready to enter Phase 3 of reopening” and that “the number of new COVI-19 cases is in the middle of a 3-week upward trend.” See Lyon v. Gila River Indian Cmty., 626 F.3d 1059, 1075 (9th Cir. 2010) (internal quotation marks and citations omitted) (Courts may take 1 Dispositive Motions: 2 Currently: September 4, 2020 3 Proposed: November 3, 2020 4 Pretrial Order: 5 Currently: October 5, 2020, or 30 days after resolution of dispositive motions 6 per Local Rule 26-1(b)(5) 7 Proposed: December 4, 2020, or 30 days after resolution of dispositive 8 motions per Local Rule 26-1(b)(5) DATED: this 13th day of July, 2020. DATED: this 13th day of July, 2020.

SGRO & ROGER BACKUS, CARRANZA & BURDEN By: /s/ Jennifer Arledge By: /s/ Jack P. Burden Anthony P. Sgro, Esq. Jack P. Burden, Esq.

Nevada Bar No. 3811 Nevada Bar No. 6918 Jennifer Arledge, Esq. Xiao Wen Jin, Esq.

Nevada Bar No. 8729 Nevada Bar No. 13901 S. Seventh Street, Third Floor 3050 South Durango Drive Las Vegas, NV 89101 Las Vegas, NV 89117 Attorneys for Plaintiff Attorneys for Defendant Cynthia Goodwyn Albertson’s LLC 18 ORDER 19 Before the Court is the Stipulation and Order to Extend Discovery Deadlines (ECF No. 48).

20 The Court grants the parties' stipulation; provided, however, the Court advises that depositions, to the extent possible should be taken by videoconference and, as such, no further extensions of time will be granted absent demonstration of efforts to complete specific discovery and explanation of why such discovery could not be completed.

24 UNITED STATES MAGISTRATE JUDGE