TIMOTHY A. MOTT, ESQ. 1! Nevada Bar No. 12828 > tin@valientemott.com PETER PETERSEN, ESQ. 3 Nevada Bar No. 14256 peter@valientemott.com || JAMES A. TRUMMELL, ESQ. Nevada Bar No. 14127 5 || jim@valientemott.com VALIENTE MOTT, LTD. 700 S. 7th Street Las Vegas, Nevada 89101 Telephone: (702) 623-2323 Facsimile: (702) 623-2323 9 Attorneys for Plaintiff 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 12 13 || JUAN BATISTA-MORA, an individual; CASE NO.: 2:23-cv-01302-JCM-DJA MANUEL BATISTA-ALABA, an individual: wv SANTA DOLORES BLANCO-HERNANDEZ 14 | a individual STIPULATION AND (PROPOSED 15 ORDER TO EXTEND DISCOVERY Plaintiff, DEADLINES [FIRST REQUEST] 17 FERNANDO SANCHO, an individual; EXCEL 18 || LEASING, INC., a foreign corporation; DOES I through V, inclusive; and ROE 19 || CORPORATIONS I through V, inclusive 20 Defendants. 21 The undersigned, on behalf of Plaintiffs, Juan Batista-Mora, Manuel Batista-Alaba and 22 33 Santa Dolores-Blanco, and Defendants, Fernando Sancho and Excel Leasing, Inc., hereby stipulate 4 to extend the remaining deadlines in the current scheduling order and discovery plan in this matter 25 || for a period of ninety (90) days for the reasons explained herein, and under Local Rule 6-1(b). 26 27 28
1 1. 9 DISCOVERY COMPLETED TO DATE 3 1. The parties have conducted an FRCP 26(f) conference and have served their respective FRCP 26(a) disclosures; 5 2. Plaintiff has served on Defendant Excel Leasing Requests for Admission, 6 Interrogatories and Requests for Production, and Defendant Excel Leasing has served responses and objections thereto. 9 3. Plaintiff has served on Defendant Fernando Sancho Requests for 10 || Admission, Interrogatories and Requests for Production. 11 4. Defendant has served on Plaintiff Juan Batista-Mora Requests for 12 Admission, Interrogatories and Requests for Production.
13 5. Defendant has served on Plaintiff Manuel Batista-Alaba Requests for 4 Admission, Interrogatories and Requests for Production; 6. Defendant has served on Plaintiff Santa Dolores Blanco-Hernandez 7 Requests for Admission, Interrogatories and Requests for Production. 18 Il. 19 DISCOVERY TO BE COMPLETED 20 1. Additional written discovery; 71 2. Depositions of fact witnesses; 2 3. Depositions of Plaintiffs treating physicians; 4. Affirmative and rebuttal expert disclosures;
5 5. Depositions of expert witnesses and rebuttal expert witnesses; and 26 6. Deposition of Defendant’s FRCP 30(b)(6) witness. 27 7. FRCP 35 Examination of Plaintiffs 28
Il. 9 REASON THAT DISCOVERY HAS NOT YET BEEN COMPLETED 3 This is the first stipulation for extension of time. The enlargement of time periods, including discovery deadlines, is governed by F.R.C.P. 6(b), which states as follows: 5 When by these rules or by a notice given thereunder or by order of court an act is 6 required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order 7 the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made 8 after the expiration of the specified period permit the act to be done where the 9 failure to act was the result of excusable neglect; but 1t may not extend the time for taking any action under Rules 50(b) and (c)(2), 52(b), 59(b), (d) and (e), 60(b), and 10 74(a), except to the extent and under the conditions stated in them.
11 The Local Rules of the United States District Court for the District of Nevada include
additional provisions relating to the extension or reopening of discovery. Specifically, Local Rule 12} additional provisi lating to th i pening of di y. Specifically, Local Rul
13 6-1 governs requests for continuances and extensions in general, stating as follows: 14 (a) Every motion requesting a continuance, extension of time, or order shortening 15 time shall be Filed by the clerk and processed as an expedited matter. Ex parte motions and stipulations shall be governe -2. ions and stipulations shall be governed by LR 6-2 16 (b) Every motion or stipulation to extend time shall inform the court of any revious extensions granted and state the reasons for the extension requeste 17 previ ions granted and h for th ion requested A 18 request made after the expiration of the specified period shall not be granted unless the moving party, attorney, or other person demonstrates that the failure to act was 19 the result of excusable neglect. Immediately below the title of such motion or stipulation there shall also be included a statement indicating whether it is the 20 first, second, third, etc., requested extension, 1.e.: 21 STIPULATION FOR EXTENSION OF TIME TO FILE MOTIONS (First Request) 3 (c) The court may set aside any extension obtained in contravention of this rule. 24 (d) A stipulation or motion seeking to extend the time to file an opposition or final reply to a motion, or to extend the time fixed for hearing a motion, must state in its 25 opening paragraph the filing date of the motion. 26-3 26 Local Rule 26-4 specifically refers to the extension of scheduled deadlines, stating: 27 Applications to extend any date set by the discovery plan, scheduling order, or 28 other order must, in addition to satisfying the requirements of LR 6-1, be supported by a showing of good cause for the extension. All motions
1 or stipulations to extend discovery shall be received by the court within twenty (20) days before the discovery cut-off date or any extension thereof. 2 Any motion or stipulation to extend or to reopen discovery shall include: (a) A statement specifying the discovery completed; 3 (b) A specific description of the discovery that remains to be completed; (c) The reasons why discovery remaining was not completed within the time limits 4 set by the discovery plan; and 5 (d) A proposed schedule for completing all remaining discovery. 6 Here, the Parties request an extension of discovery well before the expiration of those 26-3 || deadlines under LR 26-4. Plaintiff MANUEL BATISTA-ALABA is currently struggling with unrelated health conditions, which have necessitated a delay in his deposition. Defendant ? FERNANDO SANCHO lives out of state, resulting in difficulty coordinating his deposition 10 availability. Further, scheduling conflicts and the holidays have delayed the remaining depositions and physical examinations. Consequently, the Parties request the extension of discovery with 12 || over forty-three (43) days before the expert disclosure deadline in the Stipulated Discovery Plan.
14 1. No Party will Be Prejudiced in Any Manner By an Extension of the Discovery
15 Period.
16 No party will be prejudiced by an extension of the discovery deadline. An extension will 17 8 allow each party to further prepare its respective case for trial. Forcing the parties to proceed to
19 trial without the necessary discovery will affect every aspect of the trial. It will manifestly 20 || prejudice both sides ability to prepare and present their respective cases. See Martel v. County of Los Angeles, 34 F.3d 731, 735 (9th Cir. 1994). 22 2. The Parties’ Delay Was Not Long and Will Not Adversely Impact These 23 Proceedings.
Free access — add to your briefcase to read the full text and ask questions with AI
TIMOTHY A. MOTT, ESQ. 1! Nevada Bar No. 12828 > tin@valientemott.com PETER PETERSEN, ESQ. 3 Nevada Bar No. 14256 peter@valientemott.com || JAMES A. TRUMMELL, ESQ. Nevada Bar No. 14127 5 || jim@valientemott.com VALIENTE MOTT, LTD. 700 S. 7th Street Las Vegas, Nevada 89101 Telephone: (702) 623-2323 Facsimile: (702) 623-2323 9 Attorneys for Plaintiff 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 12 13 || JUAN BATISTA-MORA, an individual; CASE NO.: 2:23-cv-01302-JCM-DJA MANUEL BATISTA-ALABA, an individual: wv SANTA DOLORES BLANCO-HERNANDEZ 14 | a individual STIPULATION AND (PROPOSED 15 ORDER TO EXTEND DISCOVERY Plaintiff, DEADLINES [FIRST REQUEST] 17 FERNANDO SANCHO, an individual; EXCEL 18 || LEASING, INC., a foreign corporation; DOES I through V, inclusive; and ROE 19 || CORPORATIONS I through V, inclusive 20 Defendants. 21 The undersigned, on behalf of Plaintiffs, Juan Batista-Mora, Manuel Batista-Alaba and 22 33 Santa Dolores-Blanco, and Defendants, Fernando Sancho and Excel Leasing, Inc., hereby stipulate 4 to extend the remaining deadlines in the current scheduling order and discovery plan in this matter 25 || for a period of ninety (90) days for the reasons explained herein, and under Local Rule 6-1(b). 26 27 28
1 1. 9 DISCOVERY COMPLETED TO DATE 3 1. The parties have conducted an FRCP 26(f) conference and have served their respective FRCP 26(a) disclosures; 5 2. Plaintiff has served on Defendant Excel Leasing Requests for Admission, 6 Interrogatories and Requests for Production, and Defendant Excel Leasing has served responses and objections thereto. 9 3. Plaintiff has served on Defendant Fernando Sancho Requests for 10 || Admission, Interrogatories and Requests for Production. 11 4. Defendant has served on Plaintiff Juan Batista-Mora Requests for 12 Admission, Interrogatories and Requests for Production.
13 5. Defendant has served on Plaintiff Manuel Batista-Alaba Requests for 4 Admission, Interrogatories and Requests for Production; 6. Defendant has served on Plaintiff Santa Dolores Blanco-Hernandez 7 Requests for Admission, Interrogatories and Requests for Production. 18 Il. 19 DISCOVERY TO BE COMPLETED 20 1. Additional written discovery; 71 2. Depositions of fact witnesses; 2 3. Depositions of Plaintiffs treating physicians; 4. Affirmative and rebuttal expert disclosures;
5 5. Depositions of expert witnesses and rebuttal expert witnesses; and 26 6. Deposition of Defendant’s FRCP 30(b)(6) witness. 27 7. FRCP 35 Examination of Plaintiffs 28
Il. 9 REASON THAT DISCOVERY HAS NOT YET BEEN COMPLETED 3 This is the first stipulation for extension of time. The enlargement of time periods, including discovery deadlines, is governed by F.R.C.P. 6(b), which states as follows: 5 When by these rules or by a notice given thereunder or by order of court an act is 6 required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order 7 the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made 8 after the expiration of the specified period permit the act to be done where the 9 failure to act was the result of excusable neglect; but 1t may not extend the time for taking any action under Rules 50(b) and (c)(2), 52(b), 59(b), (d) and (e), 60(b), and 10 74(a), except to the extent and under the conditions stated in them.
11 The Local Rules of the United States District Court for the District of Nevada include
additional provisions relating to the extension or reopening of discovery. Specifically, Local Rule 12} additional provisi lating to th i pening of di y. Specifically, Local Rul
13 6-1 governs requests for continuances and extensions in general, stating as follows: 14 (a) Every motion requesting a continuance, extension of time, or order shortening 15 time shall be Filed by the clerk and processed as an expedited matter. Ex parte motions and stipulations shall be governe -2. ions and stipulations shall be governed by LR 6-2 16 (b) Every motion or stipulation to extend time shall inform the court of any revious extensions granted and state the reasons for the extension requeste 17 previ ions granted and h for th ion requested A 18 request made after the expiration of the specified period shall not be granted unless the moving party, attorney, or other person demonstrates that the failure to act was 19 the result of excusable neglect. Immediately below the title of such motion or stipulation there shall also be included a statement indicating whether it is the 20 first, second, third, etc., requested extension, 1.e.: 21 STIPULATION FOR EXTENSION OF TIME TO FILE MOTIONS (First Request) 3 (c) The court may set aside any extension obtained in contravention of this rule. 24 (d) A stipulation or motion seeking to extend the time to file an opposition or final reply to a motion, or to extend the time fixed for hearing a motion, must state in its 25 opening paragraph the filing date of the motion. 26-3 26 Local Rule 26-4 specifically refers to the extension of scheduled deadlines, stating: 27 Applications to extend any date set by the discovery plan, scheduling order, or 28 other order must, in addition to satisfying the requirements of LR 6-1, be supported by a showing of good cause for the extension. All motions
1 or stipulations to extend discovery shall be received by the court within twenty (20) days before the discovery cut-off date or any extension thereof. 2 Any motion or stipulation to extend or to reopen discovery shall include: (a) A statement specifying the discovery completed; 3 (b) A specific description of the discovery that remains to be completed; (c) The reasons why discovery remaining was not completed within the time limits 4 set by the discovery plan; and 5 (d) A proposed schedule for completing all remaining discovery. 6 Here, the Parties request an extension of discovery well before the expiration of those 26-3 || deadlines under LR 26-4. Plaintiff MANUEL BATISTA-ALABA is currently struggling with unrelated health conditions, which have necessitated a delay in his deposition. Defendant ? FERNANDO SANCHO lives out of state, resulting in difficulty coordinating his deposition 10 availability. Further, scheduling conflicts and the holidays have delayed the remaining depositions and physical examinations. Consequently, the Parties request the extension of discovery with 12 || over forty-three (43) days before the expert disclosure deadline in the Stipulated Discovery Plan.
14 1. No Party will Be Prejudiced in Any Manner By an Extension of the Discovery
15 Period.
16 No party will be prejudiced by an extension of the discovery deadline. An extension will 17 8 allow each party to further prepare its respective case for trial. Forcing the parties to proceed to
19 trial without the necessary discovery will affect every aspect of the trial. It will manifestly 20 || prejudice both sides ability to prepare and present their respective cases. See Martel v. County of Los Angeles, 34 F.3d 731, 735 (9th Cir. 1994). 22 2. The Parties’ Delay Was Not Long and Will Not Adversely Impact These 23 Proceedings. 24 25 The extension or reopening of discovery in this matter will not result in any manner 26 || prejudice any party. Likewise, such an extension will not adversely affect the proceedings in this 27|| Court. The parties have acted promptly to request an extension. Additional discovery should be 28 allowed.
1 The parties have stipulated to extend discovery within 43 days of the initial expert 7 || disclosure date of January 8, 2024. This case is relatively young. Plaintiffs filed their complaint in 3 || Nevada State Court on December 5, 2022, and removal to Federal District Court occurred on 4 August 22, 2023. Under these circumstances, an extension of time in which to 5 complete discovery will not unduly delay these proceedings. 3. The Movant Acted in Good Faith at All Times. g Here, both parties are agreeable to the extension and have acted in good faith to request the
9 || same. The parties have no intent, nor reason, to delay the resolution. Both parties eagerly looked
forward to attempting to resolve this matter.
1]
13 14
18 19 20 21 22 23 24 25 26 27 28
1 V. 2 PROPOSED NEW DISCOVERY DEADLINES 3 Discovery Cut-off May 20, 2024 4 Expert Disclosures March 20, 2024 5 Rebuttal Expert Disclosures April 22, 2024 Dispositive Motions June 18, 2024 Joint Pretrial Order July 8, 2024 9 10 || DATED this 20" day of November, 2023. DATED this 20" day of November, 2023. VALIENTE MOTT, LTD PERRY & WESTBROOK 11 | By: Peter Petersen _ By: Alan W. Westbrook _ 3 Peter Petersen, Esq. Alan W. Westbrook, Esq. Nevada Bar No. 14256 Nevada Bar No. 06167 14] 7008S 7 Street 11500 S Eastern Avenue, Suite 140 Las Vegas, Nevada 89101 Las Vegas, NV 89052 15 || Attorney for Plaintiffs Attorney for Defendants 16
17 IT IS SO ORDERED: . 18 19 UNITED STATES|MAGISTRATE JUDGE 20 DATED: 11/22/2023
22 23 24 25 26 27 28