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LVC Surgical Center, LLC v. Insight Surgical Equipment Co.

United States District Court, D. Nevada

November 15, 2019

LVC SURGICAL CENTER, LLC, a Nevada Limited Liability Corporation; Plaintiff,
v.
INSIGHT SURGICAL EQUIPMENT CO., an Arizona Corporation; DOES 1 through 10, inclusive; and ROE BUSINESS ENTITIES I through X, inclusive, Defendant.

          MICHAEL B. LEE. P.C. MICHAEL B. LEE MICHAEL N. MATTHIS Counsel for Plaintiff

          WILSON ELSER Chris Richardson MICHAEL P. LOWRY, ESQ., CHRISTOPHER J. RICHARDSON, ESQ. Attorneys for Insight Surgical Equipment Co.

          [PROPOSED] JOINT DISCOVERY PLAN AND SCHEDULING ORDER (FED. R. CIV. P. 26(F)) SUBMITTED IN COMPLIANCE WITH LR 26-1(B)

          BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE

         Pursuant to Federal Rule of Civil Procedure 26(f) and Local Rule 26-1-1, Plaintiff LVC SURGICAL CENTER, LLC (“Plaintiff”, “Counter-Defendant”, or “LVC”), by and through its attorneys of record, the law firm of Michael B. Lee., P.C., and Defendant INSIGHT SURGICAL EQUIPMENT CO. (“Insight”, “Defendant”, or (“Counterclaimant”), by and through its counsel of record, Wilson Elser, (collectively the “Parties”), hereby submit to this Honorable Court the following joint discovery plan and scheduling order.

         1. Meeting. As required by this Honorable Court by way of an Order (ECF No. 021), Michael B. Lee, counsel for Plaintiff, and Christopher Richardson, counsel for Defendant, met and conferred on November 13, 2019, to develop the following discovery plan. The Complaint was originally filed in Clark County, Nevada. Defendant removed it (ECF No. 1) October 4, 2019.

         2. Pre-Discovery Disclosures. Plaintiff disclosed its initial disclosures of its witnesses, documents, damages, and no insurance on November 13, 2019. Insight will exchange the information as required by Federal Rule of Civil Procedure 26(a)(1) on or before November 27, 2019.

         3. Discovery Plan. All discovery in this case will be conducted in accordance with the Federal Rules of Civil Procedure, and discovery will encompass issues commonly pursued in breach of contract, deceptive trade practices cases. The parties propose the following discovery overview, discovery plan and cutoff dates:

a. Discovery Cut-off Date. Plaintiff filed the instant action in the Nevada District Court, Eighth Judicial District Court, on September 11, 2019. Defendants filed an Answer and Counterclaim on November 6, 2019 (ECF No. 021). Plaintiff filed a Reply to the Counterclaims on November 6, 2019 (ECF No. 022).
b. The Parties propose the following discovery dates:
i. Discovery Cut-Off by May 11, 2020.
ii. Joint Protective Order by February 11, 2020.
iii. Last date to amend pleadings and add parties by Feb. 11, 2020
iv. Last date to file interim status report by March 12, 2020.
v. Last date to disclose experts pursuant to Fed.R.Civ.P. 26(a)(2) ...

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