Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bassl v. Smith's Food And Drug Centers, Inc.

United States District Court, D. Nevada

May 21, 2018

TERESA BASSL Plaintiff,
v.
SMITH'S FOOD AND DRUG CENTERS, INC.; DOES I through X, inclusive and ROE CORPORATIONS XI through XX, inclusive, Defendants.

          TANNER LAW FIRM DAVID A. TANNER, ESQ. Attorney for Plaintiff TERESA BASSI

          COOPER LEVENSON, P.A. JERRY S. BUSBY, ESQ. Attorneys for Defendant SMITH'S FOOD & DRUG CENTERS, INC.

          STIPULATION TO EXTEND DISCOVERY SCHEDULE (FIRST REQUEST)

         1. The parties can show good cause for the delay in filing the present stipulation.

         This stipulation is submitted in accordance with LR II 26-4 as it is filed within 21 days of the expiration of the Initial-Expert Disclosure Deadline of May 21, 2018.

         The requirements to show good cause under LR 26-4 are the same as that for the modification of the scheduling order under Fed.R.Civ.P. 16(b).[1] "The good cause standard primarily considers the diligence of the party or parties seeking the extension. If the party seeking the modification 'was not diligent, the inquiry should end' and the motion should not he granted."[2] hi assessing whether good cause exists for an extension of time to complete discovery, the" Court looks to the quality and diligence of prior discovery efforts. It must weigh those efforts against the 'what, ' 'why, ' 'when, ' and 'how' of the discovery that remains.. ."[3]

         In sum, good cause is present and can be gleaned from the following facts: 1) the parties have conducted extensive and wide-ranging discovery; 2) the parties for several weeks were engaged in negotiations to have a private mediation in this matter; however, the parties could not agree on the parameters of the mediation; 3) due to health issues there were delays with Plaintiff serving discovery responses and sitting for her deposition; 4) because no video surveillance was preserved of the accident Plaintiff had to take the depositions of employee witnesses to ascertain the location of the incident. Armed with this infonnation Plaintiff now will retain an expert to conduct a site inspection of the location of the incident; 5) Defendant needs additional time to recover Plaintiffs medical records so that it can have a complete set of records that its medical expert can review for his expert report; and 6) the parties have been diligent thus far in discovery as evidenced by the amount of discovery that has been done while not requesting any extensions until now.

         IT IS HEREBY STIPULATED AND AGREED by and between DAVID A TANNER, ESQ. of the TANNER LAW FIRM, Attorneys for Plaintiff TERESA BASSI, and JERRY S. BUSBY, ESQ. of the law firm COOPER LEVENSON, P.A., Attorneys for Defendant SMITH'S FOOD & DRUG CENTERS, INC. that certain discovery deadlines in this matter be continued for a period of 45 days to allow Defendant additional time to disclose its rebuttal experts and for the parties to file dispositive motions thereafter in order to be ready for trial. Nothing in this stipulation should be construed as to imply either party to waive any objections or other oppositions to the timeliness of any disclosures or the ability of any experts or other witnesses to be allowed to testify at trial.

         A. STATEMENT SPECIFYING THE DISCOVERY THAT HAS BEEN COMPLETED.

1. The parties participated in the Fed.R.Civ.P. 26(f) conference;
2. Both parties have made their disclosures pursuant to Fed.R.Civ.P. 26.1(a)(1).
3. Both parties have served and responded to written discovery including interrogatories, requests for admissions, and requests for production of documents.
4. Plaintiff and Defendant have collected most of Plaintiff s medical records.
5. Defendant has deposed Plaintiff.
6. Plaintiff has deposed SMITH'S employee ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.