Collins v. C R Bard Incorporated

• Court: District Court, D. Nevada
• Decided: October 26, 2020
• Docket: 2:19-cv-01864
• Status: Unknown

Opinion

1 ERIC W. SWANIS, ESQ. Nevada Bar No. 6840 2 GLENN F. MEIER, ESQ. Nevada Bar No. 006059 3 GREENBERG TRAURIG, LLP 10845 Griffith Peak Drive, Suite 600 4 Las Vegas, Nevada 89135 Telephone: (702) 792-3773 5 Facsimile: (702) 792-9002 Email: swanise@gtlaw.com 6 meierg@gtlaw.com CASEY SHPALL, ESQ.* 7 GREGORY R. TAN, ESQ.* GREENBERG TRAURIG, LLP 8 1144 15th Street, Suite 3300 Denver, Colorado 80202 9 Telephone: (303) 572-6500 Email: shpallc@gtlaw.com 10 tangr@gtlaw.com *Admitted Pro Hac Vice 11 12 C ounsel for Defendants 13 IN THE UNITED STATES DISTRICT COURT 14

FOR THE DISTRI CT OF NEVADA 15 PEGGY COLLINS, Case No. 2:19-cv-01864-RFB-BNW

16 Plaintiff, STIPULATION TO EXTEND DISCOVERY AND PRE-TRIAL 17 v. DEADLINES (THIRD REQUEST) 18 C. R. BARD, INCORPORATED and BARD 19 PERIPHERAL VASCULAR, INCORPORATED,

20 Defendants.

21 22 Comes now, Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. (“Bard” 23 or “Defendants”) and Plaintiff Peggy Collins (“Plaintiff”), by and through their undersigned 24 counsel of record, pursuant to LR IA 6-2, and hereby stipulate that the discovery deadlines 25 are extended by sixty (60) days and as detailed below. This Stipulation is entered into as a 26 result of the current national emergency caused by the spread of COVID-19 and difficulties 27 in locating and scheduling the depositions of Plaintiff’s treating physicians. 28 / / / 1 Pursuant to Federal Rules of Civil Procedure 6(b) and 26, and the Court’s inherent 2 authority and discretion to manage its own docket, this Court has the authority to grant the 3 requested extension. Fed. R. Civ. P. 6(b) (“When an act may or must be done within a 4 specified time the court may, for good cause, extend the time....”); Fed. R. Civ. P. 26(a) (“A 5 party or any person from whom discovery is sought may move for a protective order in the 6 court where the action is pending . . . The court may, for good cause, issue an order to protect 7 a party or person from annoyance, embarrassment, oppression, or undue burden or 8 expense.”). Furthermore, Federal Rules of Civil Procedure 26(c) and 26(d) vest the Court 9 with authority to limit the scope of discovery or control its sequence. Crawford-El v. Britton, 10 523 U.S. 574, 598 (1998) (“Rule 26 vests the trial judge with broad discretion to tailor 11 discovery narrowly and to dictate the sequence of discovery.”). 12 This Court therefore has broad discretion to extend deadlines or stay proceedings as 13 incidental to its power to control its own docket – particularly where, as here, such action 14 would promote judicial economy and efficiency. Bacon v. Reyes, 2013 U.S. Dist. LEXIS 15 143300, at *4 (D. Nev. Oct. 3, 2013) (citing, Munoz-Santana v. U.S. I.N.S., 742 F.2d 561, 16 562 (9th Cir. 1984)) (“Whether to grant a stay is within the discretion of the court”); Lockyer 17 v. Mirant Corp., 398 F.3d 1098, 1109 (9th Cir. 2005) (“A district court has discretionary 18 power to stay proceedings in its own court.”); Landis v. N. Am. Co., 299 U.S. 248, 254 (1936) 19 (“[T]he power to stay proceedings is incidental to the power inherent in every court to control 20 the disposition of the causes on its docket with economy of time and effort for itself, for 21 counsel, and for litigants.”). 22 For the foregoing reasons, the parties stipulate and request that this Court modify the 23 Stipulated Discovery Plan and Scheduling Order, Dkt. 30, as follows: 24 PROPOSED DATE DEADLINE 25 January 12, 2021 Close of case-specific fact discovery. 26 March 29, 2021 Parties shall produce case-specific expert reports. 27 28 April 28, 2021 Parties shall produce any case-specific rebuttal expert reports. 2 May 28, 2021 Deadline to depose Plaintiff's experts about their case-specific 3 reports. 4 June 21, 2021 Deadline to depose Defendants’ experts about their case-specific 5 reports. 6 ||| August 9, 2021 Deadline to file Daubert motions and other dispositive motions. 7 IT IS SO STIPULATED. 8 DATED this 20th day of October 2020. 9 || MARTIN BAUGHMAN, PLLC GREENBERG TRAURIG, LLP By: /s/ Ben C. Martin By: /s/ Eric W. Swanis 10 BEN C. MARTIN, ESQ.* ERIC W. SWANIS, ESQ. 11 bmartin@martinbaughman.com swanise@gtlaw.com 3710 Rawlins Street, Suite 1230 Nevada Bar No. 006840 12 Dallas, Texas 75219 GLENN F. MEIER, ESQ. aes 13 Telephone: (214) 761-6614 meierg@gtlaw.com 5 Be * Admitted Pro Hac Vice Nevada Bar No. 006059 igs 14 PETER C. WETHERALL, ESQ. 10845 Griffith Peak Drive, Ste. 600 Bae, Las Vegas, Nevada 89135 15 Nevada Bar No. 004414 Telephone: (702) 792-3773 pwetherall@wetherallgroup.com elephone: (702) 792- 16 WETHERALL GROUP, LTD. 4 9345 W. Sunset Road, Suite 100 Oey SOP AT Le ESQS Las Vegas, Nevada 89148 shpalle@gtlaw.com 18 Telephone: (702) 838-8500 GREGORY R. TAN, ESQ.* tangr@gtlaw.com at GREENBERG TRAURIG, LLP 19 C | for Plaint . ° ounsel for Plaintiff 1144 15" Street, Suite 3300 20 Denver, Colorado 80202 Telephone: (303) 572-6500 21 *Admitted Pro Hac Vice 22 Counsel for Defendants 23 IT IS SO ORDERED 24 DATED: 4:03 pm, October 23, 2020 25 26 Gra Lea wre bet 27 || BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 28