Brathwaite v. Southwest Medical Associates, Inc.

1 || Deverie J. Christensen Nevada State Bar No. 6596 || Katlyn M. Brady Nevada State Bar No. 14173 || JACKSON LEWIS P.C.

300 South Fourth Street, Suite 900 || Las Vegas, Nevada 89101 Tel: (702) 921-2460 || Email: [email protected] [email protected] Attorneys for Defendant || Southwest Medical Associates, Inc. UNITED STATES DISTRICT COURT DISTRICT OF NEVADA MARGUERITE BRATHWAITE, M.D., an Case No. 2:22-cv-00729-JCM-NJK || individual, 12 Plaintiff, STIPULATION TO EXTEND 13 VS. DISCOVERY DEADLINES || SOUTHWEST MEDICAL ASSOCIATES, (FIRST REQUEST) INC., an active Nevada domestic Corporation; || DOES 1-10 and ROE ENTITIES 1-10, inclusive, Defendants.

Plaintiff Marguerite Brathwaite, M.D., (“Plaintiff’), through her counsel F. Travi Buchanan, Esq. & Assoc., PLLC, and Defendant Southwest Medical Associates, Inc (“Defendant”), through its counsel Jackson Lewis P.C., hereby stipulate and agree to extend th discovery remaining and related deadlines for sixty (60) days.

21 This Stipulation is submitted and based upon the following: 22 A. Discovery Completed to Date.

23 To date, the Parties have exchanged initial and supplemental disclosures of documents an || witnesses pursuant to FRCP 26(a)(1). Plaintiff has propounded written discovery includin, interrogatories, requests for production, and requests for admission. Defendant has served response || to Plaintiffs written discovery requests.

27 B. Discovery Which Still Needs to Occur.

28 Defendant intends to propound written discovery on Plaintiff, including interrogatories || requests for production, and requests for admissions. Defendant further intends to depose □□□□□□□□□ 2, || Plaintiff intends to depose two percipient witnesses. The parties may also want to take additiona || depositions should this matter not resolve.

4 C. Proposed Schedule for Completing Remaining Discovery.

5 Discovery Cut-Off Date — The March 20, 2023, discovery cut-off date shall be extende to May 19, 2023.

7 Dispositive Motions — The March 15, 2023, dispositive motions deadline shall be extende g to June 21, 2023:!

Pretrial Order — If no dispositive motions are filed, the Joint Pretrial Order shall be file ° thirty (30) days after the date set for the filing of the dispositive motions. In the event dispositiv motions are filed, the date for filing the Joint Pretrial Order shall be suspended until thirty (30) day after the decision on the dipositive motions or by further order of the Court.

12 D. Good Cause Supports this Request.

1 When a stipulation requires the modification of the scheduling order, the parties must firs satisfy the “good cause” standard established by Rule 16(b). See Johnson v. Mammoth Recreations Inc., 975 F.2d 604, 608 (9th Cir. 1992); see also Fed. R. Civ. P. 16(b)(4) (‘A schedule may b modified only for good cause and with the judge’s consent’). The good cause inquiry is focused o1 |l the movant’s reasons for seeking to modify the scheduling order and primarily considers th || movant’s diligence. In re W. States Wholesale Nat. Gas Antitrust Litig., 715 F.3d 716, 737 (9th Cir || 2013). The key determination is whether the subject deadline “cannot reasonably be met despit || the diligence of the party seeking the extension.” Johnson, 975 F.2d at 609. The Court consider || whether relief from the scheduling order is sought based on the development of matters that coul || not have been reasonably anticipated at the time the schedule was established. Jackson v. Laureate || Inc., 186 F.R.D. 605, 608 (E.D. Cal. 1999). Courts may also consider other pertinent circumstances || including whether the movant was diligent in seeking modification of the scheduling order once 1 || became apparent that the movant required relief from the deadline at issue. Sharp v. Covenant Car ! 30 days after the May 19, 2023, deadline is Sunday June 18, 2023. Because the deadline falls on a Sunday || and the following Monday is the Juneteenth holiday, the deadline is advanced to June 21, 2023.

1 || LLC, 288 F.R.D. 465, 467 (S.D. Cal. 2012). “The diligence obligation is ongoing” such that partie || must “diligently attempt to adhere to [the deadlines in the scheduling order] throughout th 3, || Subsequent course of the litigation.”

4 Here, good cause exists to extend the discovery schedule as requested herein. The partie have acted in good faith to comply with the discovery deadlines and resolve any discovery disputes Following a productive meet and confer, Plaintiff agreed to withdraw her Initial Expert Disclosure Further, the parties are engaged in settlement negotiations to resolve this matter. The parties □□□□□□ optimistic that they will be able to resolve this matter in the next two weeks. Moreover, counsel fo the Defense is unavailable to complete depositions in early March prior to the current discover deadline due to an arbitration hearing the first week of March, and the second week of March i Spring Break (when defense counsel will be traveling out of state to Washington D.C. for a studen American history trip). Accordingly, the parties have agreed to extend the discovery deadlines t complete depositions, and also to allow further settlement negotiations for two weeks befor incurring additional expenses of completing costly deposition. ' Dated this 22nd day of February, 2023.

F. TRAVIS BUCHANAN, ESQ., & ASSOC., JACKSON LEWIS P.C.

16 PLLC is/F. Travis Buchanan (s/ Deverie J. Christensen || F. Travis Buchanan, Bar No. 9371 Deverie J. Christensen, Bar No. 6596 East Bridger Ave., Suite 540 Katlyn M. Brady, Bar No. 14173 || Las Vegas, Nevada 89101 300 S. Fourth Street, Ste. 900 Las Vegas, Nevada 89101 || Attorneys for Plaintiff Attorneys for Defendant Marguerite Brathwaite, M.D. Southwest Medical Associates, Inc. ORDER 22 IT ISSO ORDERED: .

4 United States Distriet Court/Magistrate Judge February 23, 2023 25 Dated: Y