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Russell v. Nissan Motor Co., Ltd.

United States District Court, D. Nevada

July 25, 2017

MORGAN RUSSELL, Plaintiff,
v.
NISSAN MOTOR CO., LTD., NISSAN NORTH AMERICA, INC., AUTOLIV JAPAN LTD.; AUTOLIV ELECTRONICS ASIA PACIFIC; TAKATA CORPORATION; TK HOLDINGS, INC; KEN GARFF AUTOMOTIVE GROUP d/b/a KEN GARFF NISSAN OF SALT LAKE; DOE INDIVIDUALS 1 through 100; ROE BUSINESS ENTITIES 1 through 100, inclusive, Defendants.

          MAINOR WIRTH, LLP BRADLEY S. MAINOR DANIELLE TARMU KATIE E. GOLDBERG ATTORNEYS FOR PLAINTIFF MORGAN RUSSELL

          BOWMAN AND BROOKE LLP CURTIS J. BUSBY, ESQ. PAUL LEE, ESQ. ATTORNEYS FOR DEFENDANTS NISSAN NORTH AMERICA, INC. AND GARFF-WARNER NISSAN OF SLC, LLC, DBA KEN GARFF NISSAN OF SALT LAKE

          STIPULATION AND ORDER TO EXTEND EXPERT DISCLOSURE DEADLINES

         Plaintiff Morgan Russell and Defendants Nissan North America, Inc., Nissan Motor Co., Ltd., and Garff-Warner Nissan of SLC, LLC d/b/a Ken Garff Nissan of Salt Lake (collectively the “Parties”), by and through their undersigned counsel, hereby stipulate and agree that the expert discovery deadlines be extended as set forth below.

         In support of this Stipulation, the Parties set forth the following status of discovery in accordance with LR 26-4.

         I. DISCOVERY REMAINING

         The parties have complied with the discovery deadlines set forth in the Discovery Plan and the Second Stipulation and Order to Extend Discovery Deadlines. The Parties, at this stage, are set to provide their respective experts and opinions, with Plaintiff producing one of her expert's report for purposes of early mediation.

         II. REASONS WHY EXPERT DISCOVERY SHOULD BE EXTENDED

         1. This is a complex products liability case involving allegations of a passenger airbag failure causing multiple injuries, including neurologic injuries. Plaintiff claims more than $500, 000.00 in past medical specials. The damages and medical components of this case are complex due to the extent of Plaintiff's injuries and ongoing treatment. The liability aspect of the case is complex because it potentially involves the vehicle, its airbag system, the various components of the airbag system, as well as other components of the vehicle that interact with and potentially affect the airbag system.

         2. The Parties are in the process of scheduling formal mediation. Plaintiff has already provided an early report from her expert, but wishes to mediate at this time instead of incurring the additional expenses of preparing the remainder of her experts' reports, and gaining greater flexibility in negotiations. Additionally, Nissan prefers not to incur any unnecessary expert costs at this time, and instead would rather focus on mediation. Accordingly, the Parties wish to extend their respective expert disclosure of opinions for a brief period, until after mediation. The parties are currently attempting to schedule a time with Judge Jerry Whitehead or Joesph Bongiovi III for August or September of 2017, assuming availability.

         For these reasons, the Parties stipulate to extend deadlines for “expert discovery” and discovery cut-off, as set forth in the Discovery Plan and the Second Stipulation and Order to Extend Discovery Deadlines.

         III. PROPOSED DEADLINES FOR REMAINING DISCOVERY

Current Deadline

Proposed Deadline

Disclosure of Plaintiff's experts and opinions:

July 17, 2017

Sept. 13, 2017

Disclosure of Defendants' experts and opinions:

Sept. 1, 2017

Oct. 13, 2017

Disclosure of rebuttal experts and opinions:

Sept. 30, 2017

Nov. 10, 2017

Amendments of Pleadings and Adding Parties to be completed:

Oct. 17, 2017

No change

Discovery Cut-Off Date:

Dec. 12, 2017

Jan. 12, 2018

Dispositive motions shall be filed no later than:

Feb. 13, 2018

No change

The Pretrial Order, including motions in limine, must be filed by:

March 17, 2018

No change

         IV. CONCLUSION

         For the foregoing reasons, the Parties respectfully request that the Court enter an Order adopting the ...


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