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Kaups v. Lowe's Home Centers, LLC

United States District Court, D. Nevada

November 21, 2017

AILI KAUPS, Plaintiff's
v.
LOWE'S HOME CENTERS, LLC, LOWE'S HIW, INC., DOE MAINTENANCE EMPLOYEE, DOE EMPLOYEE, DOE JANITORIAL EMPLOYEE, DOE OWNER, I-V, ROE OWNERS, ROE EMPLOYER, ROE COMPANY and ROE COMPANIES, I-V, Defendants,

          WALTER R. CANNON, ESQ. Nevada Bar No. 001505 OLSON, CANNON, GORMLEY ANGULO & STOBERSKI Attorney for Defendants Lowe's Home Centers, LLC and Lowe's HIW, Inc.

          STIPULATION AND ORDER TO EXTEND DISCOVERY CUTOFF (First Request)

         COMES NOW, Plaintiff, AILI KAUPS, by and through her attorney, JACQUELINE R, BRETELL, ESQ., of BIGHORN LAW, and Defendant, LOWE'S HOME CENTERS, LLC and LOWE'S HIW, INC., by and through its attorney, WALTER R. CANNON, ESQ., of OLSON, CANNON, GORMLEY, ANGULO & STOBERSKI, and hereby stipulate, agree and make this joint application to extend the discovery cutoff date, for a period of 90 days, from January 24, 2018, to and including April 24, 2018. This Stipulation is made and based upon the following facts and for the following reasons:

         I. INTRODUCTION

         This action arises out of an alleged incident that occurred on April 10, 2015 in the parking lot area of the Lowe's store located at 9955 South Eastern Avenue, Las Vegas, Nevada, 89183, In her Complaint, Plaintiff alleges that she slipped and fell over a rock, pine cone, or a crack in the parking lot as she was walking to her vehicle, causing her to fall to the ground and injure herself. Further, Plaintiff alleges general complaints of pain in her cervical and lumbar areas, a non-displaced fracture in her right knee and left ankle, and a partially torn rotator cuff which required orthoseopic surgery to repair. Defendant's Answer denies fault for the accident and affirmatively alleges that Plaintiffs claimed injuries were not all related to the fall that she has alleged to have experienced.

         II. DISCOVERY COMPLETED TO DATE

         1. On July 28, 2017, Defendants filed a Petition for Removal of Civil Action.

         2. On August 11, 2017, Defendant filed a Compliance with Court Order Concerning Removal.

         3. On August 28, 2017, the parties filed a Joint Status Report Concerning Removal.

         4. On October 10, 2017, the parties submitted a proposed Discovery Plan and Scheduling Order to the Court.

         5. On October 12, 2017, this Honorable Court granted the Discovery Plan and Scheduling Order.

         6. On October 16, 2017, Defendants served Interrogatories and Request for Production upon the Plaintiff, 7. On October 26, 2017, Plaintiff served Interrogatories, Request for Production of Documents, and Requests for Admissions upon Defendants.

         III. DISCOVERY REMAINING

         This case was removed to Federal Court on July 28, 2017. On October 12, 2017, the Court approved the parties proposed Discovery Plan and Scheduling Order. Upon receipt of the Court's Order, both parties served Interrogatories and Request for Production of Documents, The responses to this discovery are due in early December, 2017, Upon receipt of Plaintiffs responses; Defendant intends to utilize an executed Medical Authorization from the Plaintiff to collect Plaintiffs medical records from her 10 treating physicians and physical therapists with whom Plaintiff treated for the injuries he allegedly sustained in her fall. Once Defendant receives the medical records, it intends to take depositions from the Plaintiff and at least five of her treating physicians. In addition to these depositions, the parties will need to take depositions from at least four store employees and two additional percipient witnesses, Given the number of depositions that need to be taken, the parties do not believe that they will be able to complete their discovery by the current January 24, 2018 discovery cutoff date.

         IV. REASON DISCOVERY REMAINING WAS NOT CONDUCTED DURING THE ...


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