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Petashnick v. Lowe's Home Centers, LLC

United States District Court, D. Nevada

November 19, 2019

GRACE PETASHNICK, Plaintiff,
v.
LOWE'S HOME CENTERS, LLC., a foreign limited liability company, DOES 1-10, inclusive; ROE CORPORATIONS 1-10, inclusive, Defendants.

          KIRK T. KENNEDY, ESQ. ATTORNEY FOR PLAINTIFF

          JOSH COLE AICKLEN SHARON A. PARKER, ESQ. ATTORNEY FOR DEFENDANT

          STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES AND RELATED DATES (SECOND REQUEST)

         The Plaintiff, GRACE PETASHNICK, by and through her undersigned counsel, KIRK T. KENNEDY, ESQ., and the Defendant LOWE'S HOME CENTERS, LLC by and through its undersigned counsel, JOSH COLE AICKLEN, ESQ. and SHARON A. PARKER, ESQ., of the firm of Lewis Brisbois et al., submit this second request to extend all fo the discovery deadline dates in this matter. The current discovery deadline is January 14, 2020.

         DESCRIPTION OF ACTION:

         This is a negligence action based on diversity jurisdiction. Defendant denies all claims for relief.

         1. Discovery Completed to Dated:

         The parties have exchanged all Rule 26 lists of witnesses and initial document production. The Defendant served written discovery requests upon the Plaintiff. The Plaintiff has answered those discovery requests. The parties have served supplemental document disclosures on both sides.

         The Defendant previously noticed the Plaintiff's deposition for July 23, 2019, however it was vacated due to ongoing medical concerns with the Plaintiff's condition.

         2. Discovery that remains to be completed: Plaintiff intends to take 1-2 deposition of the persons most knowledgeable from the Defendant. The Defendant needs to take the Plaintiff's deposition once her health condition stabilizes such that she can be deposed. The Defendant may also take the depositions of the Plaintiff's treating providers not in excess of 10.

         The parties may also take the depositions of any experts disclosed by either side. The Defendant may also set an independent medical evaluation of the Plaintiff.

         3. Reasons why discovery has not been completed to Dated:

         Since the first discovery extension filed on July 26, 2019, the parties have not been able to schedule the Plaintiff's deposition due to ongoing health related issues. However, the Plaintiff is now in a position to be subjected to the deposition process by the Defendant. The completion of the Plaintiff's deposition will then dictate the nature and extent of the remaining discovery required by the parties.

         Proposed Discovery Schedule:

         1. Estimated time required for remaining discovery: The parties request a discovery extension of 90 days from January 14, ...


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