United States District Court, D. Nevada
S. BUSBY Nevada Bar #001107 COOPER LEVENSON, P.A. 1835
Village Center Circle Las Vegas, Attorneys for Defendant
SMITH'S FOOD & DRUG CENTERS, INC.
LAW FIRM COOPER LEVENSON, P.A. DAVID A. TANNER, ESQ. JERRY S.
BUSBY, ESQ. Nevada Bar No. 008282 Nevada Bar No. 001107 8635
South Eastern Avenue Attorney for Plaintiff
STIPULATION TO EXTEND DISCOVERY SCHEDULE (SECOND
The parties can show good cause for the delay in filing the
the second and final stipulation submitted under LRII 26-4,
The parties had a private mediation on June 25, 2018,
Unfortunately, a settlement was not reached. Additional time
is needed so both parties can retain medical experts to
address what has emerged as the most significant issue in the
case: did the accident cause Plaintiff to sustain a Traumatic
Brain Injury? After retaining said experts, the parties will
need time to disclose their respective experts, take each
expert's deposition and potentially prepare motions. This
stipulation is filed within 21 days of the expiration of the
Initial-Expert Disclosure Deadline of July 5, 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). "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 be
granted, '' In assessing whether good cause
exists for an extension of time to complete discovery,
the" Court looks to the quality and diligence f prior
discovery efforts. It must weigh those efforts against
the' what,' 'why,' 'when,' and
'how' of the discovery that remains..." 
good cause is present and can be gleaned from the following
facts: 1) the parties have conducted extensive and
wide-ranging discovery; 2) there were numerous delays in
discovery caused by health issues; 3) Plaintiffs alleged
damages are complex in that Plaintiff is alleging the
accident at SIMITH' S caused her to sustain a Traumatic
Brain Injury; and 4) the parties had a private mediation on
une 25, 2018. Largely due to the complexities of Plaintiff s
alleged damages, the mediation was not successful.
HEREBY STIPULATED AND AGREED by and between DAVID A TANNER,
ESQ. of le TANNER LAW FIRM, Attorneys for Plaintiff TERESA
BASSI, and JERRY S. BUSBY, ESQ. of le 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 How the
parties additional time to disclose their 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 arty to waive any objections or
other oppositions to the timeliness of any disclosures or the
ability of ny experts or other witnesses to be allowed to
testify at trial.
FURTHER STIPULATED AND AGREED that the parties will not file
a motion or make ny argument that damages were not timely or
STATEMENT SPECIFYING THE DISCOVERY THAT HAS BEEN
parties participated in the Fed.R.Civ.P. 26(f) conference;
parties have made their disclosures pursuant to Fed.R.Civ.P.
parties have served and responded to written discovery
including interrogatories, requests for admissions, and
requests for production of documents.
Plaintiff and Defendant have collected most of Plaintiff s
Defendant has deposed Plaintiff.
Plaintiff has deposed ...