Dyer v. Walgreen Co.

GERALD I. GILLOCK, ESQ.

Nevada Bar No. 51

MICHAEL H. COGGESHALL, ESQ.

Nevada Bar No. 14502

GERALD I. GILLOCK & ASSOCIATES

428 South Fourth Street

Las Vegas, NV 89101

Telephone: (702) 385-1482

Facsimile: (702) 385-2604 [email protected] [email protected]

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

EMERY DYER, CASE NO. 2:21-cv-01739-RFB-DJA Plaintiff,

STIPULATED DISCOVERY PLAN AND vs. PROPOSED SCHEDULING ORDER

WALGREEN CO.; DOES I through X; and

ROE CORPORATIONS I through X, inclusive,

Defendant.

Plaintiff, EMERY DYER, by and through counsel, Michael H. Coggeshall, Esq. of the law firm of GERALD I. GILLOCK & ASSOCIATES, and Defendant WALGREEN CO., by and through its counsel of record, Jason Andrew Fowler, Esq. of RANALLI ZANIEL FOWLER & MORAN, LLC, met and conferred on October 14, 2021 for the purposes of Fed. R. Civ. P. 26(f) and LR 16-1 and 26-1. The Parties hereby submit their stipulated discovery plan and proposed scheduling order pursuant to Federal Rule of Civil Procedure 16 and 26 and LR 16-1 and 26-1. Mr. Dyer alleges he suffers from personal injuries to his body and mind stemming from an injection administered at Walgreen’s.

The parties are requesting the standard discovery pursuant to Fed. R. Civ. P. 26.

1. Initial Disclosures (Fed. R. Civ. P. 26(f)(3)(A)):

The parties have stipulated that they will make their Initial Disclosures on or before Thursday, October 28, 2021, which is 14 days from the date of the parties’ Rule 26(f) conference. 2. Subjects on Which Discovery May Be Needed (Fed. R. Civ. P. 26(f)(3)(B)): Discovery will be limited to non-privileged issues relevant to the scope of the pleadings and proportional to all claims and defenses presented therein.

3. Discovery Cut-Off Date (LR 26-1(b)(1)):

Defendant first appeared in this action on September 20, 2021 by filing its Answer. The Parties request that their fact discovery period end on Thursday, April 14, 2022.

4. Amendments to Pleadings: Adding Parties (LR 26-1(b)(2)): The last day to file motions to amend pleadings or add parties shall be Friday, January 14, 2022, which is 90 days prior to the close of discovery.

5. Expert Witnesses (LR 26-1(b)3)):

The last day to disclose initial expert witnesses is Monday, February 13, 2022, which is 60 days before the discovery cutoff. Rebuttal expert witnesses shall be disclosed no later than Wednesday, March 16, 2022.

6. Dispositive Motions (LR 26-1(b)(4)):

The last day to file and serve dispositive motions shall be Monday, May 15, 2022, which is days after the discovery cutoff.

7. Pretrial Order (LR 26-1(b)(5)):

In the event no dispositive motions are filed, the parties shall submit a proposed pre-trial order on or before Tuesday, June 14, 2022, which is 30 days after the dispositive motion deadline. In the event dispositive motions are filed, the proposed joint pre-trial order shall be submitted within 30 days after decision on the dispositive motions or as further ordered by the Court.

8. Pretrial Disclosures (LR 26-1(b)(6)):

The parties shall make the pretrial disclosures required by FRCP 26(a)(3) at least 30 days before trial. Objections to pretrial disclosures must be made no later than 14 days thereafter. 10. Proposed modifications to Discovery Rules or Process (Fed. R. Civ. P. 26(f)(3)(B) and (E)).

The parties do not propose any modifications to the discovery rules or the usual discovery process.

11. Electronic Discovery (Fed. R. Civ. P. 26(f)(3)(C)).

The parties stipulate and agree that all discoverable documents will be produced either on CD- ROM or via electronic transmission in Portable Document Format (“PDF”) as reasonably practicable, or other agreed upon production formats.

This agreement only determines the format in which the parties produce documents; it does not affect any other right of any party. The parties reserve the right to supplement this order with an ESI protocol.

12. Inadvertent Disclosure/Claw Back:

The parties do not anticipate that this case will involve unusual issues relating to claims of privilege or of protection. The parties have discussed the potential that certain discovery may be subject to protection as Sensitive Security Information and will work collaboratively to address those issues if they arise, without court intervention if possible. To the extent that the claims of privilege or protection arise at a later date, the parties will attempt to agree on a procedure to assert these claims prior to seeking court intervention.

13. Interim Status Report

The parties interim status report required by LR 26-3 will be filed no later than Monday, June 13, 2022, which is 60 days before the discovery cutoff.

Required Certifications.

14. Pursuant to District of Nevada Local Rule 26-1(b)(7), the parties certify that they have conferred about the possibility of using alternative dispute-resolution processes including mediation, arbitration, and if applicable, early neutral evaluation.

15. Pursuant to District of Nevada Local Rule 26-1(b)(8), the parties certify that they considered consent to trial by magistrate judge under 28 USC §636(c) and Fed. R. Civ. P. 73 and the use of the Short Trial Program (General Order 2013-01).

1 16. —_ Pursuant to District of Nevada Local Rule 26-1(b)(9), the parties certify that they he || discussed whether they intend to present evidence in electronic format to jurors for purpose || deliberations.

4 DATED this 28th day of October, 2021.

6 GERALD I. GILLOCK & ASSOCIATES RANALLI ZANIEL FOWLER & MORAN, LLC

By:___/s/_ Michael H. Coggeshall By:___/s/_ Jason Andrew Fowler 8 Gerald I. Gillock, Esq. George M. Ranalli, Esq.

9 Nevada Bar No. 51 Nevada Bar No. 5748 Michael H. Coggeshall, Esq. Jason Andrew Fowler, Esq.

10 Nevada Bar No. 14502 Nevada Bar No. 8071 428 South 4" Street James F. Holtz, Esq.

11 Las Vegas, NV 89101 Nevada Bar No. 8119 . 2D Attorneys for Plaintiff Vicki Driscoll, Esq. = 2340 W. Horizon Ridge Pkwy., Suite 100 13 Henderson, Nevada 89052 a 3 14 Attorney for Defendant * = 7 IT IS ORDERED that the parties' stipulation is GRANTED IN PART with the exceptior @ 15 of the interim status report deadline, which is no longer required by the Local Rules.

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17 Z\, 4 | { iL) 18 DANIEL J. ALBREGTS ¥ 19 UNITED STATES MAGISTRATE JUDGE 20 DATED: November 3, 2021 4of4