United States District Court, D. Nevada
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Kym S.
Cushing, Douglas M. Rowan Attorneys for defendant Target
GALLIHER LAW FIRM BY: Keith E. Galliher, Jr. Attorney for
plaintiff Rebecca Martin.
STIPULATION FOR EXTENSION OF DISCOVERY DEADLINES
above named parties, by and through their respective counsel
of record, hereby submit the following STIPULATION FOR
EXTENSION OF DISCOVERY DEADLINES (First Request).
DISCOVERY COMPLETED TO DATE
matter involves a slip and fall at one of defendant's
stores. On October 10, 2017, the parties held an initial Rule
26(f) Conference. Defendant served its initial disclosure of
witnesses and documents on October 12, 2017. Plaintiff served
her initial disclosure of witnesses and documents on October
10, 2017. On October 17, 2017, the Court entered a Stipulated
Discovery Plan/Scheduling Order.
October 17, 2017, defendant propounded a First Set of
Interrogatories and First Set of Requests for Production of
Documents upon plaintiff. Plaintiff served her responses to
the Interrogatories on November 20, 2017 and responses to the
Requests for Production of Documents on November 28, 2017. On
October 30, 2017, plaintiff propounded a First Set of
Requests for Production of Documents upon defendant.
Plaintiff has granted defendant an extension to respond to
those written discovery requests. On November 22, 2017,
plaintiff propounded a Second Set of Requests for Production
of Documents upon defendant.
November 22, 2017, plaintiff noticed the deposition of one of
defendant's current employees and the deposition of one
of defendant's former employees for February 6, 2018.
has requested plaintiff's medical records and films
directly from her medical providers through records
authorizations provided by plaintiff.
DISCOVERY THAT REMAINS TO BE COMPLETED
is still obtaining plaintiff's medical records through
authorizations provided by plaintiff. Defendant needs to
conduct the deposition of plaintiff and possibly four of
plaintiff's treating healthcare providers once defendant
has received plaintiff's medical records directly from
the providers. Additionally, plaintiff suffered a prior
injury at work, and defendant may seek to depose any
healthcare providers who provided treatment for that injury
once defendant obtains the medical records regarding that
treatment. Plaintiff continues to experience symptoms she
attributes to the subject incident so defendant may seek to
have plaintiff appear for a Rule 35 Examination. Defendant
needs to respond to plaintiff's written discovery
has scheduled the deposition of one of defendant's former
and one of defendant's current employees and may conduct
the depositions of additional employees and representatives.
The parties also anticipate designating expert witnesses and
conducting the depositions of any designated expert
REASONS WHY DISCOVERY HAS NOT BEEN COMPLETED
is still in the process of obtaining plaintiff's medical
records and films. Defendant needs to obtain those records
before conducting the depositions of plaintiff and her prior
and current treating healthcare providers. Defendant also
needs to obtain those records and films to provide to
defendant's medical expert. Also, plaintiff continues to
experience symptoms she attributes to the subject incident,
and defendant may seek to have her appear for a Rule 35
Examination. All of this discovery cannot be completed and
provided to expert witnesses to allow them to complete expert
reports prior to the current initial expert disclosure
deadline. Accordingly, the parties request a sixty day
extension of the current discovery deadlines.