Collins v. C R Bard Incorporated

1 ERIC W. SWANIS, ESQ.

Nevada Bar No. 6840 GLENN F. MEIER, ESQ.

Nevada Bar No. 006059 GREENBERG TRAURIG, LLP 10845 Griffith Peak Drive, Suite 600 Las Vegas, Nevada 89135 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 Email: [email protected] 6 [email protected] CASEY SHPALL, ESQ.* GREGORY R. TAN, ESQ.* GREENBERG TRAURIG, LLP 1144 15th Street, Suite 3300 Denver, Colorado 80202 Telephone: (303) 572-6500 Email: [email protected] [email protected] *Admitted Pro Hac Vice C ounsel for Defendants 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRI CT OF NEVADA PEGGY COLLINS, Case No. 2:19-cv-01864-RFB-BNW 16 Plaintiff, STIPULATION TO EXTEND DISCOVERY AND PRE-TRIAL v. DEADLINES (THIRD REQUEST) C. R. BARD, INCORPORATED and BARD PERIPHERAL VASCULAR, INCORPORATED, 20 Defendants.

22 Comes now, Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. (“Bard” or “Defendants”) and Plaintiff Peggy Collins (“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 and as detailed below. This Stipulation is entered into as a result of the current national emergency caused by the spread of COVID-19 and difficulties in locating and scheduling the depositions of Plaintiff’s treating physicians.

28 / / / 1 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.”).

12 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 15 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 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.”).

22 For the foregoing reasons, the parties stipulate and request that this Court modify the Stipulated Discovery Plan and Scheduling Order, Dkt. 30, as follows: PROPOSED DATE DEADLINE January 12, 2021 Close of case-specific fact discovery.

March 29, 2021 Parties shall produce case-specific expert reports.

28 April 28, 2021 Parties shall produce any case-specific rebuttal expert reports.

May 28, 2021 Deadline to depose Plaintiff's experts about their case-specific 3 reports.

4 June 21, 2021 Deadline to depose Defendants’ experts about their case-specific 5 reports.

6 ||| August 9, 2021 Deadline to file Daubert motions and other dispositive motions.

7 IT IS SO STIPULATED.

8 DATED this 20th day of October 2020.

9 || MARTIN BAUGHMAN, PLLC GREENBERG TRAURIG, LLP By: /s/ Ben C. Martin By: /s/ Eric W. Swanis 10 BEN C. MARTIN, ESQ.* ERIC W. SWANIS, ESQ.

11 [email protected] [email protected] 3710 Rawlins Street, Suite 1230 Nevada Bar No. 006840 12 Dallas, Texas 75219 GLENN F. MEIER, ESQ. aes 13 Telephone: (214) 761-6614 [email protected] Be * Admitted Pro Hac Vice Nevada Bar No. 006059 igs 14 PETER C. WETHERALL, ESQ. 10845 Griffith Peak Drive, Ste. 600 Bae, Las Vegas, Nevada 89135 15 Nevada Bar No. 004414 Telephone: (702) 792-3773 [email protected] elephone: (702) 792- 16 WETHERALL GROUP, LTD. 4 9345 W. Sunset Road, Suite 100 Oey SOP AT Le ESQS Las Vegas, Nevada 89148 [email protected] 18 Telephone: (702) 838-8500 GREGORY R. TAN, ESQ.* [email protected] at GREENBERG TRAURIG, LLP 19 C | for Plaint . ° ounsel for Plaintiff 1144 15" Street, Suite 3300 20 Denver, Colorado 80202 Telephone: (303) 572-6500 21 *Admitted Pro Hac Vice 22 Counsel for Defendants IT IS SO ORDERED DATED: 4:03 pm, October 23, 2020 26 Gra Lea wre bet || BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE