United States District Court, D. Nevada
L. POISSON, ESQ., ERIK A. BROMSON, ESQ. Attorneys for
BRANDON, KRIS D. KLINGENSMI Attorneys for Defendant,
STIPULATION AND ORDER FOR DISCOVERY PLAN AND
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. 14.
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 third request for extension filed by the parties. This
extension is requested to allow the parties to complete
expert reports and for Defendant to potentially conduct FRCP
35 examinations. Further, additional time is needed in order
for the 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, as Defendant has yet to hear form several of the
Plaintiff's providers. In terms of depositions, 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.
receipt of Plaintiff's discovery responses and an
executed medical authorization, Defendant began to subpoena
medical records from Plaintiff's various disclosed
medical providers and is still awaiting responses from at
least seven (7) of the Plaintiff's known treating
providers. These providers include American Medical Response,
Centennial Hills Hospital Medical Center, Advanced
Orthopedics & Spine, and Pueblo Medical Imaging, among
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.
Further, Defendant may potentially request an FRCP Rule 35
exam upon receipt of expert reports and/or further records of
Plaintiff's relevant pre- and post-incident treatment
history. In terms of depositions, there remain experts'
depositions, depositions of Plaintiff's treating
providers, and the depositions of Defendant's FRCP
30(b)(6) witness(es) and designated fact witnesses to be
completed. Lastly, Defendant is currently awaiting responses
to subpoenas from at least seven (7) 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 several times.