United States District Court, D. Nevada
CATHY WOODS A/K/A ANITA CARTER, by and through her Personal Representative, LINDA WADE, Plaintiff,
CITY OF RENO, NEVADA, LAWRENCE C. DENNISON, DONALD W. ASHLEY, CLARENCE A. “JACKIE” LEWIS, CALVIN R. X. DUNLAP, WASHOE COUNTY, NEVADA, DOUGLAS MATTHEW BURKS, M.D., JOHN L. KIMPTON, Defendants.
Katherine F. Parks, Thorndal Armstrong Delk Balkenbush &
Eisinger, Nevada Counsel for Defendants Donald W. Ashley and
Clarence A. “Jackie” Lewis.
H. Byrd, III*, Pettiette, Armand, Dunkelman, Woodley, Byrd
& Cromwell, L.L.P., Zachary A. Wilkes*, Pettiette,
Armand, Dunkelman, Woodley, Byrd & Cromwell, L.L.P.
DEFENDANT CLARENCE A. “JACKIE” LEWIS AND
DONALD W. ASHLEY'S MOTION FOR EXTENSION OF TIME TO FILE
MOTION TO EXTEND DISCOVERY DEADLINE
HOFFMAN JR. JUDGE.
FOR MODIFICATION OF SCHEDULING ORDER
INTO COURT, through undersigned counsel, come Defendants,
Clarence A. “Jackie” Lewis and Donald W. Ashley,
who move for a 30-day extension of dates on the scheduling
order as follows:
scheduling order currently provides for deadlines to exchange
discovery, motions to compel, disclosure of experts and
rebuttals to expert reports, and expert depositions and
dispositive motions. The parties previously agreed to the
extension of the deadline for damages experts due to
difficulty completing the deposition of Plaintiff, as well as
completion of testing. The parties also agreed to an
extension of the discovery period to allow for the completion
of the deposition of several treating physicians and the
caretakers of Plaintiff due to their inability to be deposed
within the discovery period.
February, 2019, counsel for Defendants, Clarence A.
“Jackie” Lewis and Donald W. Ashley, Edwin H.
Byrd, III, suffered a serious eye illness that required
retina reattachment surgery and an extended period of
treatment requiring that he remain face down. After that
three-week treatment the retina successfully remained
attached, but Mr. Byrd has not yet regained sight in the left
eye sufficient for him to read.
on June 17, 2019, Mr. Byrd suffered the same condition to the
right eye, the eye used since the previous injury. Mr. Byrd
underwent emergency surgery for that condition on June 18,
2019. Mr. Byrd is expected to remain in the difficult face
down position for at least 10 days, depending upon the pace
of recovery, but based upon the prior experience it is
expected that it will last longer than that, likely two
weeks. Following that, Mr. Byrd will have a period he is not
able to read with that eye. The nature of the surgical
procedure utilized on the right eye is different than the
previous procedure and it is expected that he will be able to
see sufficiently to read with the right eye within three
weeks of the procedure. Unfortunately, Mr. Byrd is not able
to see adequately to read and will be in that position for at
least several weeks.
Byrd is primary counsel for the Defendants, Clarence A.
“Jackie” Lewis and Donald W. Ashley, and is
primarily involved with numerous expert issues. Mr. Byrd has
also participated in every deposition for the Defendants.
There is no counsel associated ...