Nevada Bar #001107 2 ANDRE T. MARQUES Nevada Bar #014737 3 COOPER LEVENSON, P.A. 3016 West Charleston Boulevard - #195 4 Las Vegas, Nevada 89102 (702)366-1125 5 FAX: (702) 366-1857 [email protected] 6 [email protected] 7 Attorneys for Defendant SMITH’S FOOD & DRUG CENTERS, INC. 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 JOHN V. IANNUZZI, JR., an individual; Case No. 2:23-cv-00409-GMN-EJY 12 Plaintiff, 13 v. 14 SMITH’S FOOD AND DRUG CENTERS, STIPULATION FOR EXTENSION OF INC. d/b/a SMITH’S FOOD AND DRUG; DISCOVERY DEADLINES 15 DOES I through X, inclusive; and ROE (FIRST REQUEST) CORPORATIONS I through V, inclusive, 16 Defendants. 17 18 Good cause is present for the stipulation under LR 26-3. 19 Plaintiff is alleging significant injuries in this case. In his most recent disclosure, served on 20 June 16, 2023, Plaintiff alleged his past medical bills are $118,270.60. In addition, Plaintiff is 21 alleging future medical expenses in the amount of $535,597.00, in the form of a recommended future 22 surgery to his lumbar spine. Significantly, disclosed medical records suggest Plaintiff may have prior 23 underlying conditions that are relevant to the treatment he received subsequent to the subject 24 incident. 25 Thus, additional time is needed to collect Plaintiff’s voluminous medical records and allow 26 more time for expert disclosures. Just given the sheer number of medical providers involved in this 27 case, there is not enough time to collect these records and forward them to the expert witnesses so 28 that they can include the records in their initial expert reports. 2 Honorable Stewart Bell (Ret.) on October 31, 2023. Both parties — after consultation with their 3 retained experts— need additional time to serve their respective expert disclosures. 4 Pursuant to LR 26-3, stipulations to extend discovery must be supported by good cause for 5 the extension. A request made within 21 days of the expiration of a deadline that the parties seek to 6 extend must also be supported by a showing of good cause. See LR 26-3. To establish good cause, 7 the Court looks to the diligence of the party that seeks the extension. Safeco Ins. Co. of Am. v. Air 8 Vent, Inc., Case No. 2:20-01579,

, *1 (May 19, 2021) (citing Coleman 9 v.Quaker Oats Co.,

(9th Cir. 2000)). Good cause is present if the deadline 10 at issue “cannot reasonably be met despite the diligence of the party seeking the extension." Johnson 11 v.Mammoth Recreations, Inc.,

(9th Cir. 1992). 12 Accordingly, the requested extension would give the parties the opportunity to attend a 13 private mediation at JAMS with the Honorable Stewart Bell (Ret.). Both parties have conducted 14 extensive discovery in this case, and have been diligent in moving this case though discovery to 15 prepare for trial. The request to extend discovery will allow the parties to submit the case to 16 mediation and timely disclose experts if mediation proves unsuccessful. 17 IT IS HEREBY STIPULATED by and between TYLER M. CRAWFORD, ESQ., of the law 18 firm ATKINSON WATKINS & HOFFMANN, LLP, as counsel for Plaintiff, JOHN IANNUZZI 19 JR., and ANDRE T. MARQUES, ESQ., of the law firm COOPER LEVENSON, P.A., as counsel for 20 Defendant, SMITH’S FOOD & DRUG CENTERS, INC., that certain discovery deadlines be 21 extended by 60 days, as set forth below, to allow the parties to complete discovery prior to trial. 22 A.DISCOVERY COMPLETED TO DATE 23 This matter involves a slip and fall at Smith’s located at 8050 S. Rainbow Blvd., Las Vegas, 24 NV (“Smith’s #311”) on September 21, 2021. On March 27, 2023, the parties held an initial Rule 26(f) 25 Conference. On April 10, 2023, the Court entered a stipulated discovery plan and scheduling order. 26 ECF No. 9. To date, the parties have completed the following discovery: 27 1. Exchange of initial FRCP 26(f) Production of Witnesses and Documents; 28 2. Plaintiff has provided medical authorizations for current medical providers; 2 4. The Defendant served Plaintiff with written discovery requests on April 27, 2023; Plaintiff served her responses on June 13, 2023; 3 5. Plaintiff’s deposition was taken on June 20, 2023; 4 6. Plaintiff took the deposition of SMITH’S FRCP 30(b)(6) corporate representative on 5 August 25, 2023; 6 7. The parties have agreed and confirmed mediation on October 31, 2023. 7 B.DISCOVERY THAT REMAINS TO BE COMPLETED 8 Defendant anticipates: 9 1.Further written discovery (TBD); 10 2.Deposition of Plaintiff’s treating physician(s). 11 3.Deposition of Plaintiff’s retained expert witness(es). 12 Plaintiff anticipates: 13 1.Depositions of fact witnesses (TBD); 14 2.Further written discovery (TBD); 15 3.Site Inspection of subject store (TBD); 16 Defendant is still obtaining Plaintiff’s medical records through authorizations provided 17 by Plaintiff. Plaintiff’s treatment is on-going. 18 C.REASONS WHY THE DISCOVERY REMAINING WAS NOT COMPLETED 19 WITHIN THE DEADLINES CONTAINED IN THE DISCOVERY SCHEDULING 20 ORDER 21 Pursuant to the current operative schedule, the deadline to disclose initial experts is October 22 12, 2023. Discovery closes on December 11, 2023. However, the parties believe submitting the case to 23 mediation may assist in resolving matters prior to the deadline to disclose experts. Mediation is 24 confirmed and scheduled to take place on October 31, 2023. 25 / / / 26 / / / 27 / / / 28 2 Pursuant to Local Rule 26-4(d), the parties propose the following new discovery deadlines: 3 Event Current Deadline Proposed Deadline 4 Disclosure of Experts 10/12/2023 12/11/2023 5 Disclosure of Rebuttal Experts 11/13/2023 01/10/2024 Close of Discovery 12/11/2023 02/09/2024 6 Dispositive Motions 01/10/2024 03/11/2024 7 Pre-Trial Disclosures 02/09/2024 04/10/2024 8 9 DATED this 12th day of September, 2023. DATED this 12th day of September, 2023. COOPER LEVENSON, PA 10 ATKINSON WATKINS & HOFFMANN, LLP /s/ Andre T. Marques______________ 11 /s/ Tyler M. Crawford ANDRE T. MARQUES TYLER M. CRAWFORD, ESQ. 12 Nevada Bar No. 10559 Nevada Bar No. 014737 3016 W Charleston Blvd, #195 10789 W. Twain Ave., Suite 100 13 Las Vegas, NV 89102 Las Vegas, Nevada, 89135 Attorneys for Defendant 14 Attorneys for Plaintiff 15 16 ORDER 17 18 IT IS SO ORDERED that the discovery deadlines are hereby extended per counsel 19 stipulation above. 20 21 ______________________________________ UNITED STATES MAGISTRATE JUDGE 22 23 DATED: __S_e_p_te_m__b_e_r _1_2_, _2_0_2_3___________ 24 25 26 27 28