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] [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] 11 [email protected] *Admitted Pro Hac Vice C ounsel for Defendants 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRI CT OF NEVADA PEGGY COLLINS, Case No. 2:19-cv-01864-RFB-BNW 17 Plaintiff, STIPULATION TO EXTEND DISCOVERY AND PRE-TRIAL v. DEADLINES (FOURTH REQUEST) C. R. BARD, INCORPORATED and BARD PERIPHERAL VASCULAR, INCORPORATED, Defendants.

23 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 as detailed below. This Stipulation is entered into as a result of the current national emergency caused by the spread of COVID-19 and continuing difficulties in locating and scheduling the depositions of Plaintiff’s treating physicians.

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....”). Furthermore, Federal Rule of Civil Procedure 26(c) and (d) vests 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.”).

9 This Court therefore has broad discretion to extend deadlines or stay proceedings as incidental to its power to control its own docket. Bacon v. Reyes, 2013 U.S. Dist. LEXIS 11 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.”). The exercise of this discretion is particularly appropriate where, as here, such action would promote judicial economy and efficiency.

16 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.”).

19 For the foregoing reasons, the Parties stipulate and request that this Court modify the Stipulated Discovery Plan and Scheduling Order, Dkt. 40, as follows: PROPOSED DATE DEADLINE March 13, 2021 Close of case-specific fact discovery.

May 28, 2021 Parties shall produce case-specific expert reports.

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

27 July 27, 2021 Deadline to depose Plaintiff’s experts on their case-specific reports.

28 August 20, 2021 Deadline to depose Defendants’ experts on their case-specific reports.

October 8, 2021 | Deadline to file Daubert motions and other dispositive motions.

4 IT IS SO STIPULATED.

5 Dated this 14 day of December 2020.

7 MARTIN BAUGHMAN, PLLC GREENBERG TRAURIG, LLP || By: /s/Ben C. Martin By: /s/ Eric W. Swanis 9 BEN C. MARTIN, ESQ.* ERIC W. SWANIS, ESQ. [email protected] [email protected] 10 3710 Rawlins Street, Suite 1230 Nevada Bar No. 006840 Dallas, Texas 75219 GLENN F. MEIER, ESQ.

Telephone: (214) 761-6614 [email protected] D *Admitted Pro Hac Vice Nevada Bar No. 006059 eee 13 PETER C. WETHERALL, ESQ. 10845 Griffith Peak Drive, Ste. 600 a5 8 Las Vegas, Nevada 89135 woe Nevada Bar No. 004414 T 1 h . 702 792 3773 14 [email protected] elephone: (702) 792- WETHERALL GROUP, LTD. 15 9345 W. Sunset Road, Suite 100 oie, SOP ATs ESQS see Las Vegas, Nevada 89148 [email protected] 16 ?

Telephone: (702) 838-8500 GREGORY R. TAN, ESQ.* 7 [email protected] GREENBERG TRAURIG, LLP C | for Plaint ?

18 ounsel for Plaintiff 1144 15" Street, Suite 3300 Denver, Colorado 80202 19 Telephone: (303) 572-6500 *Admitted Pro Hac Vice 21 Counsel for Defendants 23 ORDER 24 IT IS SO ORDERED 25 DATED: 11:40 am, December 18, 2020 Gra Lea wre bet BRENDA WEKSLER 28 UNITED STATES MAGISTRATE JUDGE