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Woods v. City of Reno

United States District Court, D. Nevada

June 27, 2019

CATHY WOODS A/K/A ANITA CARTER, by and through her Personal Representative, LINDA WADE, Plaintiff,
v.
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.

          Edwin 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

          C.W. HOFFMAN JR. JUDGE.

         MOTION FOR MODIFICATION OF SCHEDULING ORDER

         NOW 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:

         1.

         The 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.

         2.

         In 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.

         3.

         Unfortunately, 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.

         4.

         Mr. 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 ...


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