Alcaraz v. Conagra Brands, Inc.

1 || PETER S. CHRISTIANSEN, ESQ.

Nevada Bar No. 005254 || [email protected] R. TODD TERRY, ESQ.

3 || Nevada Bar No. 6519 [email protected] || WHITNEY J. BARRETT, ESQ.

Nevada Bar No. 13662 || [email protected] CHRISTIANSEN TRIAL LAWYERS || 710 S. 7 Street Las Vegas, Nevada 89101 || Telephone: (702) 240-7979 Facsimile: (866) 412-6992 Attorneys for Plaintiff | 10 UNITED STATES DISTRICT COURT ll DISTRICT OF NEVADA || KYLE A. ALCARAZ, an individual; CASE NO. 2:20-cev-01414-JCM-EJY 1B Plaintiff, < || v. 15 CONAGRA BRANDS, INC.; CONAGRA STIPULATION AND ORDER TO ~ FOODS, INC.; SAM’S WEST, INC. dba EXTEND DISCOVERY AND 16 SAM’S CLUB; DOES | through 10; and OTHER DEADLINES | ROE BUSINESS ENTITIES 1 through 10, (SECOND REQUEST) 17 inclusive; 18 Defendants.

19 Plaintiff, KYLE A. ALCARAZ, by and through his attorneys of record, PETER § || CHRISTIANSEN, ESQ., R. TODD TERRY, ESQ., and WHITNEY J. BARRETT, ESQ. o || CHRISTIANSEN TRIAL LAWYERS, and Defendants CONAGRA BRANDS, INC || CONAGRA FOODS, INC., and SAM’S WEST, INC., by and through their attorneys, J || CHRISTOPHER JORGENSEN, ESQ. of LEWIS ROCA ROTHGERBER CHRISTIE LLF || hereby file their second joint application to extend the discovery cut off period and other deadline || in this case, pursuant to LR II 26-4. The present discovery cutoff date is August 2, 2021.

26 I. DISCOVERY COMPLETED 27 1. Plaintiff produced his initial FRCP 26(a)(1) disclosure and two supplement 1 thereto; 2 2. Defendants produced their initial FRCP 26(a)(1) disclosure; and 3 3. The parties have propounded and responded to written discovery requests.

4 Il. DISCOVERY TO BE COMPLETED 5 1. Plaintiff will take the depositions of Defendants’ corporate designees an 6 employees; 2. Defendants will depose Plaintiff; 3. The parties will disclose expert witnesses and depose their respective experts; ° 4. The parties intend to serve, and respond to, additional written discovery; and | 5. The parties intend to subpoena and conduct the depositions of third parties, fac □ witnesses, Plaintiff's treating providers, and the parties’ experts.

B Wl. GOOD CAUSE WHY THE DISCOVERY REMAINING WAS NO’ <x COMPLETED WITHIN THE TIME LIMITS SET BY THE COURT 14 New counsel for Plaintiff recently substituted into this matter and has been workin: = 15 || diligently to adhere to the current discovery deadlines. An amended Complaint providing a basi || for punitive damages was filed on May 26, 2021. The parties recently finalized languag | 17 || concerning the protective order, which will facilitate the production of additional information b 18 || Defendants. Furthermore, the parties are attempting to determine the seller of the subject Pan || cannister involved in the subject of the incident, which is expected to be named as a defendant.

20 Good cause exists to extend all deadlines, including the expert deadline, due to th 21 technical, complex and fact dependent evidence the experts will need in order to author thei || reports in this products liability matter. The parties intended for the remaining discovery set fort || above to be completed within the existing discovery period, however, counsel for all parties agre 24 current discovery deadline is insufficient in time to complete the remaining discovery || Accordingly, the parties have agreed to continue the discovery deadlines an additional ninety (90 || days.

28 |] /// 1 IV. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY: | = ~—~—————s«|s« EXISTING DEADLINES | PROPOSED DEADLINES 4 Close of Discovery August 2, 2021 November 1, 2021 5 Final Date to Amend May 4, 2021 Closed 6 Pleadings/Add Parties 7 Initial Expert June 2, 2021 A 1, 2021 2 Disclosures Deadlines une 2, 20 ugust 51, 20 Rebuttal Expert 9 July 2, 2021 2021 Disclosure Deadline uly 2, 20 September 30, 20 Final Date f ll _tinal Date Tor August 31, 2021 November 30, 2021 Dispositive Motions < DATED this 2nd day of June, 2021 DATED this 2nd day of June, 2021 q CHRISTIANSEN TRIAL LAWYERS LEWIS ROCA ROTHGERBER CHRISTIE x 15 LLP | By /s/R. Todd Terry By /s/ J. Christopher Jorgensen || PETER S. CHRISTIANSEN, ESQ. J. CHRISTOPHER JORGENSEN, ESQ.

NV Bar No. 5254 NV Bar No. 5382 || R TODD TERRY, ESQ. 3993 Howard Hughes Parkway, Suite 600 || NV Bar No. 6519 Las Vegas, NV 89169 WHITNEY J. BARRETT, ESQ. Attorneys for Defendants || NV Bar No. 13662 710 South 7" Street, Suite B |) Las Vegas, NV 89101 || Attorneys for Plaintiff 24 ORDER || IT IS HEREBY ORDERED: 26 The discovery cut off is extended from August 2, 2021 to November 1, 2021 in which all || discovery in this action shall be completed; |} IT IS FURTHER ORDERED: 2 Plaintiff and Defendant shall disclose their experts to each other at least sixty (60) days || before the discovery cutoff date, which is by August 31, 2021, and Plaintiff and Defendant shall || disclose rebuttal experts at least thirty (30) days after the initial date for disclosure of experts, || which is by September 30, 2021; 6 All pretrial motions, including but not limited to, discovery motions, motions to dismiss || and motions for summary judgment shall be filed and served no later than thirty (30) days after || the close of discovery, which is November 30, 2021; 9 The Joint Pre-Trial Order in the above-captioned action shall be filed with this Court ne | 10 || later than thirty (30) days after the date set for filing dispositive motions, which shall be || December 30, 2021; and o = 12 The last day for the parties to file their Motion and/or Stipulation to Extend Discovery = 13 || shall be twenty (20) days prior to the discovery cut off, which is by October 12, 2021.

14 IT IS SO ORDERED this 3rd day of June, 2021. | UNITED|STA AGISTRATE JUDGE Submitted by: CHRISTIANSEN TRIAL LAWYERS By /s/ R. Todd Terry ||R. TODD TERRY, ESQ.

97 || NV Bar No. 6519 WHITNEY J. BARRETT, ESQ.

23 || Nevada Bar No. 13662 710 South 7" Street || Las Vegas, NV 89101 Attorneys for Plaintiff