Sekuler v. C R Bard Incorporated

1 ERIC W. SWANIS, ESQ.

Nevada Bar No. 6840 GREENBERG TRAURIG, LLP 10845 Griffith Peak Drive, Suite 600 Las Vegas, Nevada 89135 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 E mail: [email protected] CHRISTOPHER J. NEUMANN, ESQ.* *Admitted Pro Hac Vice GREENBERG TRAURIG, LLP 1144 15th Street, Suite 3300 Denver, Colorado 80202 Telephone: (303) 572-6500 Email: [email protected] C ounsel for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA

14 SUZANNE SEKULER, CASE NO. 2:19-cv-01585-KJD-EJY 15 Plaintiff, 16 STIPULATION TO EXTEND v. DISCOVERY AND PRE-TRIAL 17 DEADLINES C. R. BARD, INC.; BARD PERIPHERAL VASCULAR, INCORPORATED, (SECOND REQUEST) Defendants.

2 20 1

22 Comes now, Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. (“Bard” or “Defendants”) and Plaintiff Suzanne Sekuler (“Plaintiff”), by and through their undersigned counsel of record, pursuant to LR IA 6-2, and hereby stipulate that the discovery deadlines are extended by sixty (60) days.

26 This Stipulation is entered into as a result of the current national emergency caused by the spread of COVID-19. The process of collecting and reviewing medical records in this case is taking longer than originally anticipated because of hospital delays resulting from their efforts to focus on the pandemic. Additionally, the Parties have been engaged in settlement discussions and have exchanged materials relating to the same.

3 Pursuant to Federal Rules of Civil Procedure 6(b) and 26, and the Court’s inherent authority and discretion to manage its own docket, this Court has the authority to grant the requested extension. Fed. R. Civ. P. 6(b) (“When an act may or must be done within a specified time the court may, for good cause, extend the time....”); Fed. R. Civ. P. 26(a) (“A party or any person from whom discovery is sought may move for a protective order in the court where the action is pending . . . The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.”). Furthermore, Federal Rules of Civil Procedure 26(c) and 26(d) vest the Court with authority to limit the scope of discovery or control its sequence. Crawford-El v. Britton, 523 U.S. 574, 598 (1998) (“Rule 26 vests the trial judge with broad discretion to tailor discovery narrowly and to dictate the sequence of discovery.”).

14 This Court therefore has broad discretion to extend deadlines or stay proceedings as incidental to its power to control its own docket – particularly where, as here, such action would promote judicial economy and efficiency. Bacon v. Reyes, 2013 U.S. Dist. LEXIS 143300, at *4 (D. Nev. Oct. 3, 2013) (citing, Munoz-Santana v. U.S. I.N.S., 742 F.2d 561, 562 (9th Cir. 1984)) (“Whether to grant a stay is within the discretion of the court”); Lockyer v. Mirant Corp., 398 19 F.3d 1098, 1109 (9th Cir. 2005) (“A district court has discretionary power to stay proceedings in its own court.”); Landis v. N. Am. Co., 299 U.S. 248, 254 (1936) (“[T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.”).

23 For the foregoing reasons, the parties stipulate and request that this Court modify the Stipulated Discovery Plan and Scheduling Order, Dkt. 36, as follows: / / / / / / / / / / / / 2 December 8, 2020 Case-specific fact discovery closes.

3 December 22, 2020 The Plaintiff shall produce case-specific expert reports.

4 January 26, 2021 The Defendants shall produce case-specific expert reports.

5 . . _ .

February 17, 2021 The Plaintiff shall produce any case-specific rebuttal expert reports.

March 11, 2021 The Defendants shall produce any rebuttal expert reports.

7 March 25, 2021 Deadline to depose the Plaintiff's case-specific experts.

8 : > □ April 30, 2021 Deadline to depose the Defendants’ case-specific experts.

June 11, 2021 Deadline to file Daubert motions and other dispositive motions.

IT IS SO STIPULATED.

1] Dated this 31* day of July 2020 Dated this 31* day of July 2020 WETHERALL GROUP, LTD. GREENBERG TRAURIG, LLP By: /s/ Peter C. Wetherall By: /s/ Eric W. Swanis 14 PETER C. WETHERALL, ESO. ERIC W. SWANIS, ESQ.

15 Nevada Bar No. 4414 Nevada Bar No. 6840 [email protected] [email protected] 16 9345 W. Sunset Road, Suite 100 10845 Griffith Peak Drive, Ste. 600 7 Las Vegas, Nevada 89148 Las Vegas, Nevada 89135 Telephone: (702) 838-8500 18 Facsimile: (702) 837-5081 GREENBERG TRAURIG, LLP CHRISTOPHER J. NEUMANN, ESQ.* 19 Counsel for Plaintiffs [email protected] 0 1144 15th Street, Suite 3300 Denver, Colorado 80202 21 Telephone: (303) 572-6500 9 *4Admitted Pro Hac Vice 23 Counsel for Defendants 24 IT IS SO ORDERED.

KK pr la WEED 26 BRENDA WEKSLER , 7 United States Magistrate Judge 28 Dated this 3rd day of August 2020.