United States District Court, D. Nevada
BERNSTEIN & POISSON, LLC, SCOTT L. POISSON, ESQ, ERIK A.
BROMSON, ESQ., Attorneys for Plaintiff, NAJIA PICKER,
BRANDON BENDAVID MORAN, LEW BRANDON, JR., ESQ., KRIS D.
KLINGENSMITH, ESQ., Attorneys for Defendant, ALBERTSONS, LLC
STIPULATION AND ORDER FOR DISCOVERY PLAN AND
SCHEDULING ORDER (SECOND REQUEST)
NAJIA PICKER, and Defendant, ALBERTSONS, LLC, by and through
their undersigned attorneys, submit to the Court the
following Stipulation and Order for Extension/Modification of
the Discovery Plan and Scheduling Order pursuant to LR IA
6-1, LR 26-4 (a) and Court Order Document No. 13.
Local Rule 6-1
LR IA 6-1(a) every stipulation to extend time must inform the
court of any previous extensions granted and state the reason
for the extension requested.
The Requirement of Local Rule 6-1 Are
the second request for extension filed by the parties. This
extension is requested to allow Defendant to continue to
compile Plaintiff's medical records both allegedly
related to this matter's subject incident and her known
pre-incident injuries and treatment. Additional time is
needed to allow the parties to complete expert reports and
for Defendant to potentially conduct FRCP 35 examinations.
The Plaintiff has indicated that she will be conducting the
FRCP 30(b)(6) deposition of Defendant's
representative(s). Lastly, there remain at least one witness
and employees that have yet to be deposed.
Local Rule 26-4(a)
LR 26-4 (a) a statement specifying the Discovery completed:
Plaintiff and Defendant have exchanged their initial document
and witness disclosures, with supplements thereto. Plaintiff
has provided responses to Defendant's written discovery
requests. Defendant has responded to Plaintiff's
discovery requests. Defendant conducted the deposition of
Plaintiff on September 22, 2017. Lastly, Defendant has begun
to subpoena Plaintiff's various disclosed medical
providers and is still awaiting responses from at least ten
(10) of the Plaintiff's known treating providers. These
providers include American Medical Response, Centennial Hills
Hospital Medical Center, Advanced Orthopedics & Spine,
Desert Radiologists, and several other providers. Defendant
has received invoices from several of these providers and,
despite providing payment and following up, has yet to
receive a response.
Local Rule 26-4(b)
LR 26-4(b) a specific description of the Discovery that
remains to be completed: The remaining Discovery to be
completed includes initial and rebuttal expert disclosures,
experts' depositions, depositions of Plaintiff's
treating providers, and the depositions of Defendant's
FRCP 30(b)(6) witness(es) and designated fact witnesses also
remain to be completed. Lastly, Defendant is currently
awaiting responses to subpoenas from at least ten (10) the
Plaintiff's known treating providers. As noted above,
Defendant received invoices and provided payment; however,
Defendant has yet to receive records despite payment and
following up with the providers. Lastly, Defendant may
potentially request an FRCP Rule 35 exam upon receipt and
confirmation of Plaintiff's relevant pre- and
post-incident treatment history.
Local Rule 26-4(c)
LR 26-4(c) the reasons why Discovery remaining was not
completed within the ...