United States District Court, D. Nevada
MATTHEW Q. CALLISTER, ESQ. Nevada Bar No. 1396 MITCHELL S.
BISSON, ESQ. Nevada Bar No. 011920 CALLISTER LAW GROUP
Attorneys for Plaintiff
ERICKSON, THORPE & SWAINTON, LTD REBECCA BRUCH, ESQ.
Nevada Bar No. 007289 Attorneys for Defendant Nye County
STIPULATION AND ORDER TO EXTEND DEADLINES SET FORTH
IN JOINT DISCOVERY PLAN AND SCHEDULING ORDER (FOURTH
PARTIES HEREBY STIPULATE AND AGREE by and between Plaintiff
KELLY JACKSON, by and through counsel of record Matthew Q.
Callister, Esq. and Mitchell S. Bisson, Esq., of the law firm
of Callister Law Group, and Defendant NYE COUNTY ex rel. NYE
COUNTY SHERRIFF'S OFFICE, by and through counsel of
record Rebecca Bruch, Esq., of the law firm of Erickson,
Thorpe & Swainston, LTD., that, in accordance with LR 7-1
and 26-4 of the Local Rules of Practice for the United States
District Court, District of Nevada, the Court's May 21,
2018 Order to Extend Deadlines Set forth in the Order to
Extend Discovery Deadlines (Third Request) (Doc No. 40) be
amended and deadlines, as listed below, be extended ninety
(90) days from the currently scheduled dates. This is the
fourth request to extend the deadlines by the parties.
request includes extensions of the deadline to complete
discovery under Rule 26(a)(2), dispositive motions, the
interim status report, and Joint Pretrial Order. The present
and proposed new dates for these deadlines are set forth in
Section D below. The extension is necessary to accommodate
the completion of necessary depositions.
STATEMENT SPECIFYING DISCOVERY COMPLETED (LR
Rule 26(f) conference was held on April 19, 2017. Following
the Rule 26(f) conference, the proposed Joint Discovery Plan
and Scheduling Order was filed on May 2, 2017. The Court
approved the proposed Discovery Plan and Scheduling Order on
May 10, 2017. Defendant exchanged initial disclosures on July
18, 2017. Plaintiff exchanged initial disclosures on November
9, 2017. On November 22, 2017, the Court approved a
Stipulation to Extend Deadlines Set Forth in the Joint
Discovery Plan and Scheduling Order (First Request).
22, 2017, Defendant propounded Interrogatories upon
Plaintiff, which Plaintiff responded to on July 31, 2017,
Defendant propounded Notice of Deposition upon Plaintiff
which was set for October 13, 2017. Plaintiff requested the
October 13, 2017, deposition to be vacated because of ongoing
medical issues as well as trauma caused by her attendance at
the Route 91 shooting in Las Vegas. On February 9, 2018,
Defendant commenced Plaintiff's deposition, but was not
able to complete the deposition because Plaintiff had not yet
produced certain documents upon which she had relied in this
case. On February 13, 2018, Defendant propounded Requests for
Production of Documents on Plaintiff. On March 1, 2018,
Defendant supplemented its FRCP 26 disclosures. On March 9,
2018 the Court approved a Stipulation to Extend Deadlines Set
Forth in the Joint Discovery Plan and Scheduling Order
(Second Request). Defendant propounded supplemental
Interrogatories on Plaintiff on May 7, 2018. On May 21, 2018,
the Court approved a Stipulation to Extend Deadlines Set
Forth in the Joint Discovery Plan and Scheduling Order (Third
April 4, 2018, Plaintiff propounded Interrogatories and
Requests for Production on Defendant, which Defendant
responded to the Requests for Production on June 4, 2018 and
the Interrogatories on June 12, 2018.
17, 2018, Plaintiff commenced the deposition of the Person
Most Knowledgeable for Defendant. Defendant propounded Notice
of Deposition of Plaintiff continuing Plaintiff's
deposition, which is set for July 20, 2018.
SPECIFIC DESCRIPTION OF THE DISCOVERY THAT REMAINS TO BE
COMPLETED (LR26-4 (b))
needs to supplement its witness disclosures. Defendant needs
to supplement its response to Requests for Production and
Interrogatories propounded by Plaintiffs on April 4, 2018.
Due to time constraints, the depositions of Plaintiff and
Defendant's 30(b)(6) witness were not completed and are
set to recommence on July 20, 2018. In light of the testimony
given by Defendant's FRCP 30(b)(6) witness during her
deposition on July 17, 2018, Plaintiff needs to depose six
additional witnesses whose testimony is necessary to the
defense of Plaintiff's claims. Three of the depositions
include former and current governmental officials who have
been identified as persons more knowledgeable on several FRCP
30(b)(6) topics discussed in the July 17, 2018 deposition.
REASONS FOR REQUESTED EXTENSION (LR26-4 (c))
parties attended and participated in an ENE on July 27, 2017,
but there was no settlement.
commenced the deposition of Plaintiff on February 9, 2018.
During said deposition discoverable yet undisclosed
information was introduced by Plaintiff. Plaintiff is in the
process of preparing supplemental disclosures.
Plaintiff's continued deposition is currently set for
July 20, 2018. Plaintiff commenced the deposition of the PMK
for Defendant on July 17, 2018, which was unable to conclude.
Plaintiff needs additional time for a continued deposition of
the PMK for Defendant, three individuals identified as
30(b)(6) witnesses and three percipient witnesses.
Calendaring conflicts within the time allotted for close of