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Olsen v. Preferred Homecare/Lifecare Solutions

United States District Court, D. Nevada

December 18, 2017

RAYMOND J. OLSEN, JR., an individual, Plaintiff,
v.
PREFERRED HOMECARE/LIFECARE SOLUTIONS, an Arizona limited liability company; MEDICAL DEPOT, INC., dba DRIVE DEVILBISS HEALTHCARE, a New York corporation; DOES I through X and ROE CORPORATIONS I through X, inclusive, Defendants.

          RYAN S. PETERSEN, ESQ. JASON M. WILEY, ESQ. WILEY PETERSEN Attorneys for Defendant Medical Depot, Inc.

          Stephen G. Clough, Esq. MAIER GUTIERREZ & ASSOCIATES Attorney for Plaintiff

          STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES [SECOND REQUEST]

         Defendants MEDICAL DEPOT, INC. dba DRIVE DEVILBISS HEALTHCARE (“Med Depot”), and PREFERRED HOMECARE/LIFECARE SOLUTIONS (“Preferred Homecare”) (and collectively with Med Depot, “Defendants”) by and through counsel of record, the law firm of WILEY PETERSEN; and Plaintiff RAYMOND J. OLSEN, JR (“Plaintiff”) (collectively with Defendants, the “Parties”), by and through his counsel of record, the law firm of MAIER GUTIERREZ & ASSOCIATES, stipulate and agree to extend the discovery deadlines in this case as follows and hereby submit the same for this Court's review and consideration:

Deadline

Current Date

Proposed Extension

Initial expert disclosures

1/25/2018

3/26/2018

Rebuttal expert disclosures

2/26/2018

4/27/2018

Discovery Cut-off

3/28/2018

5/29/2018

Dispositive motions

4/27/2018

6/28/2018

         I. PRELIMINARY STATEMENT REGARDING TIMELINESS AND GOOD CAUSE

         This second stipulated request to extend discovery deadlines is timely as it is made more than twenty-one days before any of the deadlines to be moved. See LR 26-4. This second stipulated request is also supported by good cause based on: (1) the complexity of the liability and damages issues involved, which have required significant time to review and prepare for depositions of the numerous experts, treating physicians, and lay witnesses; (2) the large volume of medical records from approximately thirty-nine (39) medical providers (at current count) which has required extensive time and analysis by both the Parties and their experts; (3) the intervening holiday season which has impacted the ability of the Parties to schedule appropriate depositions and the ability of expert witnesses to properly evaluate and offer opinions regarding the over 3, 200 pages of medical records in this matter; and (4) a multimillion-dollar statement of damages by Plaintiff The Parties have been working cooperatively and diligently to obtain and produce records, respond to written discovery, coordinate depositions, and otherwise complete discovery consistent with the existing scheduling order, a short 60-day continuation of the current deadlines is necessary considering the extensive discovery that is required notwithstanding the Parties' diligence. See FRCP 16(b); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir.1992).

         II. DISCOVERY COMPLETED TO DATE

         Since the initial Scheduling Order (see Dkt. 13), the parties have completed the following discovery:

FRCP 26 Disclosures and Supplements
• Plaintiff has served Initial and 1st and 2nd Supplemental Disclosures of Witnesses and Documents identifying twenty-four witnesses and approximately 1, 200 pages of documents;
• Preferred Homecare has served Initial Disclosures identifying approximately 60 additional pages of documents; and
• Med Depot has served an Initial Disclosure, 1st Supplemental Disclosure, and 2nd Supplemental Disclosure of documents and witnesses identifying multiple witnesses and approximately 3, 000 pages of documents. Despite Medical Depot's diligence in obtaining Plaintiffs medical records from approximately 34 of the 39 identified medical providers, there remains medical records from approximately 5 medical providers to obtain.

         • Written Discovery

         • Plaintiff has served the following sets of written discovery, all of which have been responded to by the appropriate defendant:

• 1st Interrogatories to Med Depot;
• 1st Requests for Production of Documents to Med Depot;
• 2nd Interrogatories to Med Depot;
• 1st Interrogatories to Preferred ...

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