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Dunlap v. Amato

United States District Court, D. Nevada

November 15, 2019

JOSEPH TODD DUNLAP, an individual; MONA DUNLAP, an individual; Plaintiffs,
v.
DOMINIC AMATO, an individual; WHITE RIVER MARINE GROUP, a Missouri business entity; TRACKER MARINE GROUP, a Missouri business entity; TRACKER MARINE LLC, a Missouri limited liability company; TRACKER MARINE RETAIL, LLC, a Delaware limited liability company; DOES I through X, inclusive; and ROE CORPORATIONS I through X, inclusive; and ROE LIMITED LIABILITY COMPANIES I through X, inclusive, Defendants.

          STONER GRANNIS LLP William Stoner, Hi Law Group Rric D. Hone, Jamie L. Zimmerman, Attorneys for Plaintiffs

          GIBSON ROBB & LINDH LLP G. Geoffrey Robb Chelsea Davenport Yuan BROWNE GREEN, LLC Byron F. Browne, Jared P. Green, Attorneys for Defendant/Cross-claimant

          Payne & Fears LLP Sarah J. Odia Christina M. Paul K&L Gates LLP Attorney For White River Marine Group Tracker Marine Group Tracker Marine, LLC and Tracker Marine Retail LLP

          STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING ORDER DATES (ECF NO. 44) (FOURTH REQUEST)

          BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE

         Plaintiffs Joseph Todd Dunlap and Mona Dunlap ("Plaintiffs"), Defendant/Counter-Claimant Dominic Amato ("Amato"), and Defendants/Cross-Defendants White River Marine Group, Tracker Marine Group, Tracker Marine, LLC, and Tracker Marine Retail, LLC (collectively, "Tracker Defendants"), by and through their respective counsel of record, hereby stipulate to continue all deadlines within the Scheduling Order entered by this Court on September 24, 2019 (ECF No. 44) by sixty (60) days pursuant to LR 26-4.

         This Stipulation is submitted more than twenty-one (21) days of the expiration of the first subject deadline (i.e., the expert disclosure deadline, December 4, 2019) and is supported by a showing of good cause pursuant to LR 26-4. Good cause exists for the requested extension because the parties have been diligent in performing discovery; however, the parties need additional time for discovery as Plaintiff is still treating for his injuries, and to participate in a recently scheduled mediation as detailed below.

         The parties' expert reports are currently due on December 4, 2019. The parties will not be able to prepare expert reports based prior to this deadline. Further fact discovery of parties and nonparties is required before the deadline. Plaintiff Joseph Todd Dunlap moved to Crestline, CA from his former residence in Oregon and began treating with his current pain management specialist for the injuries sustained in the boating accident at issue in this case. Mr. Dunlap is currently undergoing nonsurgical treatments, including spinal injections. He requires additional time to undergo these nonsurgical treatments to determine whether he is a candidate for fusion or other surgical procedures. It is premature for initial disclosures given that the final treatment plan remains to be determined. Counsel for plaintiffs has informed the parties that on November 7, 2019, Plaintiff underwent a diagnostic and therapeutic bilateral lumbar facet joint injection from L4-L5, and L5-S1. His next medical appointment is November 22, 2019, at which time his treating physician will evaluate the need for selective right lumbar epidural injections L2-L3, L3-L4. After an evaluation of that procedure the treating physicians will be in a better position to evaluate whether spinal fusion or other surgical intervention is required. Plaintiffs damages will not be sufficiently ascertained until after it is known whether that procedure is required and the effectiveness of the spinal injections in October and November. Before that the experts will not be in a position to prepare their expert reports.

         Moreover, the parties previously agreed to mediation in Los Angeles, close to Plaintiffs current residence, and needed time to schedule and complete the mediation. It took approximately 45 days to select a mediator and get it scheduled due to unexpected difficulty in locating a reputable mediator with availability before the end of the year. Mediation is currently scheduled for December 17, 2019, with JAMS mediator Hon. Marc Marmaro (Ret.). The parties and their counsel are located in various jurisdictions across the country and even with all parties working diligently and in good faith, it took a long time to find a mediator acceptable to all parties and a date when the parties and counsel could all be present. Furthermore, the results of Mr. Dunlap's November 22, 2019, medical evaluation will be known in advance of mediation.

         1. Discovery That Has Been Completed

         The parties have completed the following discovery:

• Exchange of initial disclosures and supplemental disclosures;
• Interrogatories have been served on a number of the parties, and have been responded to;
• Requests for production have been served on a number of the parties, and have been responded to;
• The parties took a Defendants' Medical Examination for Plaintiff Todd Dunlap and produced the ...

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