Salazar v. C.R. Bard, Inc.

Opinion

1 || ERIC W. SWANIS, ESQ. Nevada Bar No. 6840 2 ||GREENBERG TRAURIG, LLP 3 10845 Griffith Peak Drive, Suite 600 Las Vegas, Nevada 89135 4 || Telephone: (702) 792-3773 Facsimile: (702) 792-9002 5 || Email: swanise@gtlaw.com 6 || Counsel for Defendants 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE DISTRICT OF NEVADA 10 11 || FRANCISCA T. SALAZAR, an individual, CASE NO. 2:19-cv-02225-RFB-BNW 12 Plaintiff, STIPULATION AND ORDER TO EXTEND STAY OF DISCOVERY ANI E V. ALL PRETRIAL DEADLINES

C. R. BARD, INC., a New Jersey corporation; (FIFTH REQUEST) 15 || BARD PERIPHERAL VASCULAR, INC., an 16 Arizona corporation, and DOES | through 10, 7 Defendants. 18 19 20 Plaintiff Francisca Salazar (“Plaintiff”) and Defendants C. R. Bard, Inc. and Bard Periphera 2] || Vascular, Inc. (“Defendants” and collectively with the Plaintiff, the “Parties”), pursuant to Fed. R 22 || Civ. P. 26(c) and (d) and LR JA 6-1, respectfully request that this Court temporarily stay discover. 23 and all pretrial deadlines, as set forth in the revised Discovery Plain (Dkt. 44) until June 28, 202 24 || while the Parties finalize settlement. In support thereof, the Parties state as follows: 5 1. As previously reported, the Parties reached a global settlement in principle of this an 26 || other cases involving Bard Inferior Vena Cava filters that have been filed across the nation, □□□ 27 settlement agreement is in place. The Parties have been working diligently and in good faith t 28 || finalize all terms and payments pursuant to that settlement.

1 2. The Parties report that they continue to work diligently toward finalizing th 2 settlement by working to obtain releases and resolve liens, but due to complexity and volume, the 3 || anticipate that completion of the settlement process will take approximately 90 days. Accordingly 4 || the Parties request a 90-day extension of the stay in this matter. 5 3. The Parties are waiting on final paperwork from this Plaintiff and many others, t 6 || complete the settlement process. 7 4, Neither party will be prejudiced by this extension and this will prevent unnecessar 8 || expenditures of the Parties and of judicial resources. 9 5. Accordingly, the Parties request that this Court issue an order staying discovery an 10 || pretrial deadlines until June 28, 2021 to allow the Parties to finalize settlement. This will prever 11 || unnecessary expenditures of the Parties and judicial resources. 12 6. A district court has broad discretion over pretrial discovery rulings. Crawford-El \ sed 13 || Britton, 523 U.S. 574, 598 (1998); accord Republic of Ecuador v. Hinchee, 741 F.3d 1185, 1188-8! a 14 || (11th Cir. 2013); Thermal Design, Inc. v. Am. Soc’y of Heating, Refrigerating & Air-Conditionin, 15 || Eng’rs, Inc., 755 F.3d 832, 837 (7th Cir. 2014); see also Cook v. Kartridg Pak Co., 840 F.2d 602 16 || 604 (8th Cir. 1988) (“A district court must be free to use and control pretrial procedure in furtheranc 17 || of the orderly administration of justice.”). 18 7. Under Federal Rules of Civil Procedure 26(c) and 26(d), a court may limit the scop 19 || of discovery or control its sequence. Britton, 523 U.S. at 598. Although settlement negotiations d 20 not automatically excuse a party from its discovery obligations, the parties can seek a stay prior t 21 cutoff date. Sofo v. Pan-Am. Life Ins. Co., 13 F.3d 239, 242 (7th Cir. 1994); see also, Wichit 22 || Falls Office Assocs. v. Banc One Corp., 978 F.2d 915, 918 (Sth Cir. 1993) (finding that a “tria 23 ||judge’s decision to curtail discovery is granted great deference,” and noting that the discovery ha 24 || been pushed back a number of times because of pending settlement negotiations). 25 8. Facilitating the efforts of parties to resolve their disputes weighs in favor of grantin: 26 ||astay. In Coker v. Dowd, 2:13-cv-0994-JCM-NJK, 2013 U.S. Dist. LEXIS 201845, at *2-3 (D. Nev 27 July 8, 2013), the parties requested a 60-day stay to facilitate ongoing settlement negotiations an: 28 || permit them to mediate global settlement. The Court granted the stay, finding the parties would b

1 || prejudiced if required to move forward with discovery at that time and a stay would potentiall 2 prevent an unnecessary complication in the case. /d. at *3. Here, the Parties have □□□□□□□ 3 || settlement in principle. 4 9. The Parties agree that the relief sought herein is necessary to handle the case in th 5 || most economical fashion and to ensure that the Court’s time and resources are not expended on 6 || matter that may not remain on its docket, yet will allow sufficient time to finalize settlement in thi 7 || matter. 8 |/// 9 10 |{/// 11 |/// 12 |\/// sed 13 |I/// 14 |\/// 2 flv 16 |I/// 17 |/// 18 |J/// 19 |W/// 20 |{/// 21 |/// 22 WW/// 23 |{/// 24 |W/// 25 |f/// 26 |{/// 27 \I/// 28 |{///

1 WHEREFORE, Plaintiff and Defendants respectfully request the Court’s approval of thi 2 stipulation to stay discovery and all pretrial deadlines until June 28, 2021 to allow the Parties t 3 || finalize settlement. 4 IT IS SO STIPULATED. 5 Respectfully submitted this 26" day of February 2021. 6 DALIMONTE RUEB STOLLER, LLP GREENBERG TRAURIG, LLP 7 g By: _/s/ Gregory D. Rueb By: /s/Eric W. Swanis GREGORY D. RUEB, ESQ. ERIC W. SWANIS, ESQ. 9 CA SBN 154589 Nevada Bar No. 006840 515 S. Figueroa St., Ste. 1550 10845 Griffith Peak Drive 10 Los Angeles, CA 90071 Suite 600 Telephone: (949) 375-6843 Las Vegas, Nevada 89135 1] Email: greg@drlawllp.com swanise@gtlaw.com 12 Brian Nettles, Esq. Counsel for Defendants Nevada Bar No. 007462 613 NETTLES MORRIS S58 1389 Galleria Drive, Ste. 200 14 Henderson, Nevada 89014 2385 Telephone: (702) 434-8282 ee 5 brian@nettlesmorris.com 16 Counsel for Plaintiff 17 12 IT IS SO ORDERED.

19 20 2! warn tae □ 22 United States District Court 23 DATED this Ist day of March, 2021. 24 25 26 27 28

1 CERTIFICATE OF SERVICE 2 I hereby certify that on February 26, 2021, I caused the foregoing document to b 3 electronically filed with the Clerk of the Court using the CM/ECF system, which will sen 4 || notification of such filing to the CM/ECF participants registered to receive such service. 5 6 /s/ Shermielynn Irasga 5 An employee of GREENBERG TRAURIG, LLI 9 10 11 12 1G

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