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Summers v. McWane, Inc.

United States District Court, D. Nevada

March 21, 2018

BRADLEY SUMMERS and MICHELLE SUMMERS, Plaintiffs,
v.
MCWANE, INC.; DOES I through XX, inclusive; and ROE CORPORATIONS I through XX, inclusive, Defendants. Date Description

          SHOOK & STONE, CHTD. JOHN B. SHOOK, ESQ. ATTORNEYS FOR PLAINTIFF S

          STEPHENSON & DICKINSON, P.C. MARSHA STEPHENSON, ESQ. ATTORNEYS FOR DEFENDANT

          STIPULATION TO EXTEND DISCOVERY

         IT IS HEREBY STIPULATED AND AGREED, by Defendants and Plaintiffs, by and through their undersigned counsel, that discovery be extended beyond the Discovery Schedule in the Stipulation and Order to Extend Discovery dated July 31, 2017 (Document No. 30).

         Per Federal Rules of Civil Procedure 16(b), and Local Rule 26-4 the following is included in support of the proposed extension to the Discovery Schedule:

         A. STATEMENT SPECIFYING THE DISCOVERY THAT HAS BEEN COMPLETED

Date
Description

8/14/15

Plaintiffs' Initial FRCP 26.1 Disclosure

9/21/15

Plaintiff Bradley Summers' First Set of Interrogatories to Defendant

9/21/15

Plaintiff Bradley Summers' First Set of Requests for Production to Defendant

9/23/15

Defendant's Interrogatories to Plaintiff Bradley Summers

10/30/15

Plaintiffs' First Supplement to FRCP 26.1 Disclosure

10/31/15

Plaintiff Bradley Summers' Responses to Defendant's Interrogatories

11/10/15

Defendant's Initial FRCP 26.1 Disclosure

11/12/15

Defendant's Responses to Bradley Summers' First Set of Requests for Production to Defendant

11/12/15

Defendant's Responses to Plaintiff Bradley Summers' First Set of Interrogatories to Defendant

1/6/16

Defendant's Supplemental Responses to Bradley Summers' First Set of Requests for Production to Defendant

1/6/16

Defendant's First Supplement to FRCP 26.1 Disclosure

1/8/16

Defendant's Supplemental Responses to Plaintiff Bradley Summers' First Set of Interrogatories to Defendant

3/16/16

Plaintiffs' Second Supplement to FRCP 26.1 Disclosure

3/22/16

Defendant's Second Supplement to FRCP 26.1 Disclosure

4/4/16

Defendant's Third Supplement to FRCP 26.1 Disclosure

4/21/16

Inspection of the fire hydrant

5/17/16

Deposition of Bradley Summers

5/26/16

Deposition of Mike Anderson

6/17/16

Deposition of PMK of McWane

7/28/16

Defendant's Fourth Supplement to FRCP 26.1 Disclosure

7/29/16

Plaintiff's Second Set of Request for Production of Documents to Defendants

8/9/16

Deposition of Rex Kelsey

8/15/16

Plaintiff's Initial Expert Disclosures

8/15/16

Defendant's Initial Expert Disclosures

8/15/16

Joint Interim Status Report

8/19/16

Plaintiff's First Supplemental Expert Disclosures

9/14/16

Defendant's Supplemental Expert Disclosures

9/21/16

Deposition of Rex Kelsey

9/29/16

Deposition of Plaintiff's Frank Perez, Ph.D.

9/30/16

Deposition of Plaintiff's Expert Robert Anderson, Ph.D.

10/5/16

Deposition of Defendant's Expert David Komm, P.E.

10/10/16

Deposition of Todd French

10/11/16

Deposition of Plaintiff's Expert Sherry Latham, RN

10/11/16

Deposition of Plaintiff's Non-Retained Expert Meher Yepremyan, M.D.

10/12/16

Deposition of Plaintiff's Expert Marietta Nelson

10/12/16

Defendant's Sixth Supplement to FRCP 26.1 Disclosures

10/13/16

Deposition of Michelle Summers

10/13/16

Plaintiffs' Third Supplement to FRCP 26.1 Disclosure

10/14/16

Plaintiffs' Fourth Supplement to FRCP 26.1 Disclosure

10/24/16

Plaintiffs' Fifth Supplement to FRCP 26.1 Disclosure

10/26/16

Plaintiffs' Second Supplemental Expert Disclosures

11/9/16

Deposition of Plaintiff's Expert Stan Smith, Ph.D.

11/9/16

Plaintiffs' Sixth Supplement to FRCP 26.1 Disclosure

11/15/16

Plaintiff's Third Supplemental Expert Disclosures

12/9/16

Defendant's Seventh Supplement to FRCP 26.1 Disclosures

4/18/17

Plaintiff's Seventh Supplement to FRCP 26.1 Disclosures

5/5/17

Defendant's Eighth Supplement to FRCP 26.1 Disclosures

5/5/17

Plaintiff's Fourth Supplemental Expert Disclosures

5/5/17

Plaintiff's Eighth Supplement to FRCP 26.1 Disclosures

5/10/17

Plaintiff's Ninth Supplement to FRCP 26.1 Disclosures

7/13/17

Plaintiff's Fifth Supplemental Expert Disclosures

10/17/17

Plaintiff's Tenth Supplement to FRCP 26.1 Disclosures

11/8/17

Plaintiff's Eleventh Supplement to FRCP 26.1 Disclosures

11/27/17

Plaintiff's Twelfth Supplement to FRCP 26.1 Disclosures

12/11/17

Defendant's Third Supplemental Designation of Expert Witnesses

1/12/18

Plaintiff's Thirteenth Supplement to FRCP 26.1 Disclosures

1/16/18

Defendant's Ninth Supplement to FRCP 26.1 Disclosures

1/16/18

Plaintiff's Fourteenth Supplement to FRCP 26.1 Disclosures

1/26/18

Plaintiffs' Initial Expert Disclosures

1/26/18

Defendants Fourth Supplemental Designation of Expert Witnesses

1/26/18

Defendants Second Set of Interrogatories to Plaintiff

2/7/18

Plaintiffs Third Set of Request for Production of Documents to Defendants

2/23/18

Plaintiffs' Rebuttal Expert Disclosures

2/23/18

Defendants Fifth Supplemental Designation of Expert Witnesses

2/28/18

Plaintiff's Responses to Defendant's Second Set of Interrogatories

         B.SPECIFIC DESCRIPTION OF THE DISCOVERY THAT REMAINS TO BE COMPLETED

         1. Destructive Testing of the Subject Fire Hydrant; 2. Deposition of Defendants' Experts Kerry Knapp and Carol Hyland and follow up deposition of David Komm; 3. Deposition of any expert involved in upcoming inspection of fire hydrant and any subsequent non-destructive testing; 4. Deposition(s) of Plaintiffs' Experts Winthrop Smith and follow up for Marietta Nelson, M.D.; 5. Subpoena of most recent employment records for Plaintiff since right eye enucleation surgery and subpoena of most recent inspection reports on fire hydrant in light of upcoming inspection Plaintiff's counsel is proposing.

         C. REASONS WHY THE DISCOVERY REMAINING WAS NOT COMPLETED WITHIN THE DEADLINES CONTAINED IN THE AMENDED DISCOVERY SCHEDULING ORDER

         On July 31, 2017 the parties agreed to extend all the discovery deadlines due to the fact Plaintiff was undergoing additional medical care including surgery to remove his eye and replace it with a prosthetic eye. This Court granted that extension. As a result, the Defendants disclosed two new experts, including a biomechanical engineer and a lifecare planner and Plaintiffs disclosed one additional rebuttal biomechanical engineer expert. Currently, an Inspection and Destructive Testing of the subject fire hydrant is scheduled for March 23, 2018, however the parties have agreed to reschedule it to accommodate Defendant's expert. Lastly, Plaintiff has requested depositions of Defendant's expert Kerry Knapp however is unable to proceed with the deposition before the current deadline of March 28, 2018. Also, additional records from Plaintiff's employer and any inspections of the fire hydrant have been requested. Defendant would also like to take the deposition of Plaintiff's expert Winthrop Smith as well as a follow up deposition of ophthalmologist Nelson.

         In light of foregoing and to allow the parties to complete the inspection and remaining depositions the parties agree that a 90 day extension should be sufficient.

         D. PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY.

         Per Local Rule 26-4(d) we propose the following schedule:

         1. Discovery Cut-Off Date: The last day to conduct discovery ...


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