1 Joel D. Odou Nevada Bar No. 7468 2 Analise N. M. Tilton Nevada Bar No. 13185 3 Abraham F. Ivie 4 Nevada Bar No. 15250 Wood, Smith, Henning & Berman LLP 5 2881 Business Park Court, Suite 200 Las Vegas, Nevada 89128-9020 6 Telephone: 702 251 4100 Facsimile: 702 251 5405 7 jodou@wshblaw.com 8 atilton@wshblaw.com aivie@wshblaw.com 9 Attorneys for Knight Transportation, Inc., Knight 10 Refrigerated, LLC, and Kevin Cornish
UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA, SOUTHERN DIVISION 13
14 CLYDE MONTERO, an individual, AMY Case No. 2:19-cv-02119-RFB-NJK 15 MONTERO, an individual, J.V., an individual, 16 I.V., an individual, and N.V., an individual, STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES Plaintiffs, 17 (FIRST REQUEST)
v. 18 KNIGHT TRANSPORTATION, INC., an 19 Arizona corporation, KNIGHT REFRIGERATED, LLC, an Arizona limited 20 liability company, KNIGHT-SWIFT TRANSPORTATION HOLDINGS, INC., an 21 Arizona corporation, KEVIN CORNISH, an individual, DOES I through XX, and ROE 22 CORPORATIONS 1 through 100,
23 Defendants.
25 26 / / / 27 / / / 2 (FIRST REQUEST) 3 Pursuant to LR 6-1 and LR 26-4, and for good cause shown, the parties, by and through their 4 respective counsel of record hereby stipulate and agree to and jointly move this Honorable Court for 5 an order to continue discovery by ninety (90) days as indicated below. This is the first stipulation for 6 extension of time to complete discovery. 8 The parties have completed the following disclosures and discovery: 9 1. Defendants Knight Transportation, Inc. Knight Refrigerated, LLC and Kevin Cornish 10 served their initial disclosures on January 31, 2020. 11 2. Defendants Knight Refrigerated, LLC and Kevin Cornish served their first 12 supplemental disclosures on February 5, 2020. 13 3. Plaintiffs served their initial disclosure on February 14, 2020. 14 4. Defendants Knight Transportation, Inc. Knight Refrigerated, LLC and Kevin Cornish 15 provided and requested the return of medical and employment authorizations for Plaintiffs Clyde 16 Montero and Amy Montero on March 23, 2020. 17 5. Defendants Knight Transportation, Inc. Knight Refrigerated, LLC and Kevin Cornish 18 provided and requested the return of medical authorizations for Plaintiffs J.V., I.V., and N.V on 19 March 24, 2020. 21 1. Depositions of parties and/or witnesses; 22 2. Expert disclosures; 23 3. Depositions of treating physicians, 24 4. Expert depositions; 25 5. Written discovery; 26 6. Disclosure of additional documents; 27 7. Subpoena/Obtain additional documents as necessary; 1 8. The parties also anticipate that they may need to conduct other forms of discovery, 2 though not specifically delineated herein, and anticipate doing so only on an as-needed basis. 3 C. REASON FOR REQUEST FOR EXTENSION OF DISCOVERY DEADLINES 4 A scheduling order can be modified "for good cause and with the judge's consent." FRCP 5 16(b)(4). "A motion or stipulation to extend time must state the reasons for the extension requested 6 and must inform the court of all previous extensions of the subject deadline the court granted." LR AI 7 6-1 (a). "District courts should generally allow amendments of pre-trial orders when 'no substantial 8 injury will be occasioned to the opposing party, the refusal to allow the amendment might result in 9 injustice to the movant, and the inconvenience to the court is slight.'" Campbell Industries v. M/V 10 Gemini, 619 F.2d 24, 27-28 (9th Cir. 1980) (quoting Angle v. Sky Chef, Inc., 535 F.2d 492, 495 (9th 11 Cir. 1976); Sherman v. United States, 462 F.2d 577, 579 (5th Cir. 1972)). Here, as discussed below, 12 there is no dispute among the parties that an extension would cause any injury or injustice, and that a 13 refusal of extension could prejudice the parties. Additionally, although there may be some 14 inconvenience to the Court, no trial date is currently set and discovery is already ongoing. Therefore, 15 the stipulated request for a modest extension should be granted. 16 In addition to the discovery that has already taken place as set forth above, the parties have 17 diligently worked to continue to conduct discovery in an effort to complete the same and prepare for 18 trial. Defendants are in the process of serving Plaintiffs with written discovery including numerous 19 authorizations that have already been provided to Plaintiffs' counsel so they may obtain records of 20 Plaintiffs' alleged damages and injuries. Further, the parties will need to be deposed. Such depositions 21 include out of state travel. Specifically, Defendant Kevin Cornish and a representative of Defendant 22 Knight Transportation, Inc. because both are out of state residents. Additionally, due to the current 23 health crisis there will be substantial delays on proceeding with these out of state depositions and 24 obtaining records due to numerous closures and limited work staff. 25 Further, Defendants will be gathering records from Plaintiffs' medical providers in order to 26 prepare for her deposition, as well as to make determinations as to what experts may be needed, 27 including potentially seeking an examination of Plaintiff. Defendant also intends to take the 1 Both parties are still in the process of determining what experts they may need for trial. As the 2 parties are continuing to seek information of the circumstances of the accident as well as the nature 3 and extent of Plaintiffs' injury claims, they cannot currently make adequate evaluations of what 4 experts may be needed. If discovery is not extended, they may have to retain and designate additional 5 experts which, upon further ordinary discovery, could be rendered unnecessary. The parties would 6 thereby be unnecessarily be burdened by costs and further expert discovery, which could complicate 7 trial and alternative dispute resolution efforts. 8 In sum, the parties have diligently conducted discovery and are continuing to work 9 cooperatively to complete the remaining discovery in order to prepare for trial. Good cause exists for 10 modification of the current scheduling order to avoid prejudice to the parties. 11 D. CURRENT SCHEDULE TO COMPLETE REMAINING DISCOVERY: 12 Motions to Amend or Add Parties: 03/09/2020 13 Initial Expert Disclosures: 04/08/2020 14 Interim Status Report 04/08/2020 15 Rebuttal Expert Disclosure: 05/08/2020 16 Close of Discovery: 06/08/2020 17 Dispositive Motion Deadline: 07/08/2020 18 Joint Pre-Trial Order 08/06/2020 20 Motions to Amend or Add Parties: 03/09/2020 21 Initial Expert Disclosures: 07/07/2020 22 Interim Status Report 07/07/2020 23 Rebuttal Expert Disclosure: 08/06/2020 24 Close of Discovery: 09/07/2020 25 Dispositive Motion Deadline: 10/06/2020 26 Joint Pre-Trial Order 11/04/2020 27 / / / 1 F. CURRENT TRIAL DATE: 2 No trial is yet scheduled in this matter. A joint proposed pretrial order is due on August 6, 3 2020, or 30 days following this Court's ruling on any dispositive motions, if filed. The parties seek 4 additional time so that the same proposed pretrial order is due November 4, 2020 or 30 days after this 5 Court's ruling on dispositive motions. 6 G. REQUEST NUMBER: 7 This is the first request for an extension of time to complete discovery. 8 Wherefore, the parties respectfully request that the Court grant this request to extend the 9 discovery deadlines as outlined above. 11 DATED March 25, 2020 DATED MARCH 25, 2020
12 LADAH LAW FIRM WOOD, SMITH, HENNING & BERMAN LLP
13 /s/Carl R. Houston /s/ Analise N.M.
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1 Joel D. Odou Nevada Bar No. 7468 2 Analise N. M. Tilton Nevada Bar No. 13185 3 Abraham F. Ivie 4 Nevada Bar No. 15250 Wood, Smith, Henning & Berman LLP 5 2881 Business Park Court, Suite 200 Las Vegas, Nevada 89128-9020 6 Telephone: 702 251 4100 Facsimile: 702 251 5405 7 jodou@wshblaw.com 8 atilton@wshblaw.com aivie@wshblaw.com 9 Attorneys for Knight Transportation, Inc., Knight 10 Refrigerated, LLC, and Kevin Cornish
UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA, SOUTHERN DIVISION 13
14 CLYDE MONTERO, an individual, AMY Case No. 2:19-cv-02119-RFB-NJK 15 MONTERO, an individual, J.V., an individual, 16 I.V., an individual, and N.V., an individual, STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES Plaintiffs, 17 (FIRST REQUEST)
v. 18 KNIGHT TRANSPORTATION, INC., an 19 Arizona corporation, KNIGHT REFRIGERATED, LLC, an Arizona limited 20 liability company, KNIGHT-SWIFT TRANSPORTATION HOLDINGS, INC., an 21 Arizona corporation, KEVIN CORNISH, an individual, DOES I through XX, and ROE 22 CORPORATIONS 1 through 100,
23 Defendants.
25 26 / / / 27 / / / 2 (FIRST REQUEST) 3 Pursuant to LR 6-1 and LR 26-4, and for good cause shown, the parties, by and through their 4 respective counsel of record hereby stipulate and agree to and jointly move this Honorable Court for 5 an order to continue discovery by ninety (90) days as indicated below. This is the first stipulation for 6 extension of time to complete discovery. 8 The parties have completed the following disclosures and discovery: 9 1. Defendants Knight Transportation, Inc. Knight Refrigerated, LLC and Kevin Cornish 10 served their initial disclosures on January 31, 2020. 11 2. Defendants Knight Refrigerated, LLC and Kevin Cornish served their first 12 supplemental disclosures on February 5, 2020. 13 3. Plaintiffs served their initial disclosure on February 14, 2020. 14 4. Defendants Knight Transportation, Inc. Knight Refrigerated, LLC and Kevin Cornish 15 provided and requested the return of medical and employment authorizations for Plaintiffs Clyde 16 Montero and Amy Montero on March 23, 2020. 17 5. Defendants Knight Transportation, Inc. Knight Refrigerated, LLC and Kevin Cornish 18 provided and requested the return of medical authorizations for Plaintiffs J.V., I.V., and N.V on 19 March 24, 2020. 21 1. Depositions of parties and/or witnesses; 22 2. Expert disclosures; 23 3. Depositions of treating physicians, 24 4. Expert depositions; 25 5. Written discovery; 26 6. Disclosure of additional documents; 27 7. Subpoena/Obtain additional documents as necessary; 1 8. The parties also anticipate that they may need to conduct other forms of discovery, 2 though not specifically delineated herein, and anticipate doing so only on an as-needed basis. 3 C. REASON FOR REQUEST FOR EXTENSION OF DISCOVERY DEADLINES 4 A scheduling order can be modified "for good cause and with the judge's consent." FRCP 5 16(b)(4). "A motion or stipulation to extend time must state the reasons for the extension requested 6 and must inform the court of all previous extensions of the subject deadline the court granted." LR AI 7 6-1 (a). "District courts should generally allow amendments of pre-trial orders when 'no substantial 8 injury will be occasioned to the opposing party, the refusal to allow the amendment might result in 9 injustice to the movant, and the inconvenience to the court is slight.'" Campbell Industries v. M/V 10 Gemini, 619 F.2d 24, 27-28 (9th Cir. 1980) (quoting Angle v. Sky Chef, Inc., 535 F.2d 492, 495 (9th 11 Cir. 1976); Sherman v. United States, 462 F.2d 577, 579 (5th Cir. 1972)). Here, as discussed below, 12 there is no dispute among the parties that an extension would cause any injury or injustice, and that a 13 refusal of extension could prejudice the parties. Additionally, although there may be some 14 inconvenience to the Court, no trial date is currently set and discovery is already ongoing. Therefore, 15 the stipulated request for a modest extension should be granted. 16 In addition to the discovery that has already taken place as set forth above, the parties have 17 diligently worked to continue to conduct discovery in an effort to complete the same and prepare for 18 trial. Defendants are in the process of serving Plaintiffs with written discovery including numerous 19 authorizations that have already been provided to Plaintiffs' counsel so they may obtain records of 20 Plaintiffs' alleged damages and injuries. Further, the parties will need to be deposed. Such depositions 21 include out of state travel. Specifically, Defendant Kevin Cornish and a representative of Defendant 22 Knight Transportation, Inc. because both are out of state residents. Additionally, due to the current 23 health crisis there will be substantial delays on proceeding with these out of state depositions and 24 obtaining records due to numerous closures and limited work staff. 25 Further, Defendants will be gathering records from Plaintiffs' medical providers in order to 26 prepare for her deposition, as well as to make determinations as to what experts may be needed, 27 including potentially seeking an examination of Plaintiff. Defendant also intends to take the 1 Both parties are still in the process of determining what experts they may need for trial. As the 2 parties are continuing to seek information of the circumstances of the accident as well as the nature 3 and extent of Plaintiffs' injury claims, they cannot currently make adequate evaluations of what 4 experts may be needed. If discovery is not extended, they may have to retain and designate additional 5 experts which, upon further ordinary discovery, could be rendered unnecessary. The parties would 6 thereby be unnecessarily be burdened by costs and further expert discovery, which could complicate 7 trial and alternative dispute resolution efforts. 8 In sum, the parties have diligently conducted discovery and are continuing to work 9 cooperatively to complete the remaining discovery in order to prepare for trial. Good cause exists for 10 modification of the current scheduling order to avoid prejudice to the parties. 11 D. CURRENT SCHEDULE TO COMPLETE REMAINING DISCOVERY: 12 Motions to Amend or Add Parties: 03/09/2020 13 Initial Expert Disclosures: 04/08/2020 14 Interim Status Report 04/08/2020 15 Rebuttal Expert Disclosure: 05/08/2020 16 Close of Discovery: 06/08/2020 17 Dispositive Motion Deadline: 07/08/2020 18 Joint Pre-Trial Order 08/06/2020 20 Motions to Amend or Add Parties: 03/09/2020 21 Initial Expert Disclosures: 07/07/2020 22 Interim Status Report 07/07/2020 23 Rebuttal Expert Disclosure: 08/06/2020 24 Close of Discovery: 09/07/2020 25 Dispositive Motion Deadline: 10/06/2020 26 Joint Pre-Trial Order 11/04/2020 27 / / / 1 F. CURRENT TRIAL DATE: 2 No trial is yet scheduled in this matter. A joint proposed pretrial order is due on August 6, 3 2020, or 30 days following this Court's ruling on any dispositive motions, if filed. The parties seek 4 additional time so that the same proposed pretrial order is due November 4, 2020 or 30 days after this 5 Court's ruling on dispositive motions. 6 G. REQUEST NUMBER: 7 This is the first request for an extension of time to complete discovery. 8 Wherefore, the parties respectfully request that the Court grant this request to extend the 9 discovery deadlines as outlined above. 11 DATED March 25, 2020 DATED MARCH 25, 2020
12 LADAH LAW FIRM WOOD, SMITH, HENNING & BERMAN LLP
13 /s/Carl R. Houston /s/ Analise N.M. Tilton ___________________________ 14 RAMZY P. LADAH, ESQ. JOEL D. ODOU 15 Nevada Bar No. 11405 Nevada Bar No. 7468 CARL. R. HOUSTON ANALISE N.M. TILTON Nevada Bar No. 11161 16 517 S. Third Street Nevada Bar No. 13185 17 Las Vegas, Nevada 89101 ABRAHAM F. IVIE Nevada Bar No. 15250 18 Attorneys for Plaintiffs, Clyde Montero, Amy 2881 Business Park Court, Suite 200 Montero, J.V., I.V., and N.V Las Vegas, Nevada 89128-9020 19 Attorneys for Defendants, Knight Transportation, 20 Inc., Knight Refrigerated, LLC and Kevin Cornish
22 23 24 25 26 27 1 Case Name: Montero v. Knight Transportation, Inc., et al. Case Number: 2-19-cv-02117-JAD-EJY 4 Pursuant to stipulation by the parties and for good cause shown, the deadlines and discovery 5 || schedule in this case are extended and continued as follows: 6 Current Deadline Proposed Deadline Motions to Amend or Add Parties 03/09/2020 03/09/2020 Initial Expert Disclosures 04/08/2020 07/07/2020 Interim Status Report 04/08/2020 07/07/2020 8]! Rebuttal Expert Disclosure 05/08/2020 08/06/2020 Close of Discovery 06/08/2020 09/07/2020 || Dispositive Motion Deadline 07/07/2020 10/06/2020 10 Joint Pre-Trial Order 08/06/2020 11/04/2020 11 IT IS SO ORDERED. Li AR 12 || Dated: March 26 2020. ‘ ~ VO 3 United State 5 Magistrate Judge 14 = Respectfully Submitted By: B88 ||! s/Analise N.M. Tilton 25% —____ JOEL D. ODOU || Nevada Bar No. 7468 ANALISE N.M. TILTON 18 || Nevada Bar No. 13185 Nevada Bar No. 15250 209 || 2881 Business Park Court, Suite 200 Las Vegas, Nevada 89128-9020 21 Attorneys for Defendants, Knight Transportation, 22 Inc., Knight Refrigerated, LLC and Kevin Cornish 23 24 25 26 27 28