Vessells v. Knight Transportation, Inc.

• Court: District Court, D. Nevada
• Decided: June 15, 2023
• Docket: 2:23-cv-00404
• Status: Unknown

Opinion

1 Joel D. Odou Nevada Bar No. 7468 2 Kyle J. Hoyt Nevada Bar No. 14886 3 WOOD, SMITH, HENNING & BERMAN LLP 2881 Business Park Court, Suite 200 4 Las Vegas, Nevada 89128-9020 Phone: 702 251 4100 ♦ Fax: 702 251 5405 5 jodou@wshblaw.com khoyt@wshblaw.com 6 Attorneys for Knight Transportation, Inc., 7 Knight-Swift Transportation Holdings, Inc. and Joseph Hayes 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA, SOUTHERN DIVISION 11 12 JAMES PATRICK VESSELLS, Case No. 2:23-cv-00404-GMN-EJY 13 Plaintiff, STIPULATION TO EXTEND DISCOVERY PLAN AND SCHEDULING 14 v. ORDER (FIRST REQUEST) 15 KNIGHT TRANSPORTATION, INC.; KNIGHT-SWIFT TRANSPORTATION Trial Date: None Set 16 HOLDINGS, INC.; JOSEPH HAYES; DOES I through X, inclusive, and ROE 17 CORPORATIONS I through X, inclusive, 18 Defendants. 19 20 Pursuant to LR 6-1 and LR 26-4, and for good cause shown, the parties, by and through their 21 respective counsel of record hereby stipulate and agree to and jointly move this Honorable Court 22 for an order to continue discovery by ninety (90) days as indicated below. This is the first stipulation 23 for extension of time to complete discovery. 24 A. DISCOVERY COMPLETED TO DATE 25 The parties have completed the following disclosures and discovery: 26 1. Defendants Knight Transportation, Inc., Knight-Swift Transportation Holdings, Inc., 27 and Joseph Hayes (“Defendants”) served their Initial Disclosure of Witnesses and Documents 1 2. Defendant Joseph Hayes served his First Set of Requests for Production of 2 Documents and First Set of Interrogatories to Plaintiff on April 14, 2023. 3 3. Plaintiff served his Initial Fed. R. Civ. P. 26(f) Production of Documents and 4 Witnesses List on April 24, 2023. 5 4. Defendant Joseph Hayes served his Second Set of Requests for Production of 6 Documents to Plaintiff on May 3, 2023. 7 5. Plaintiff provided his responses to Defendant Hayes’ First Set of Interrogatories, 8 First Set of Requests for Production, and Second Set of Requests for Production on May 12, 2023. 9 6. On May 18, 2023, Defendants noticed Plaintiff that it would seek documents from 10 the Custodian(s) of Records for fourteen (14) of Plaintiff identified medical treatment providers via 11 subpoena duces tecum. Defendants then issued subpoenas for records to be provided on June 19, 12 2023. 13 B. DISCOVERY REMAINING TO BE COMPLETED 14 1. Depositions of parties and/or witnesses; 15 2. Depositions of person(s) most knowledgeable; 16 3. Depositions of treating physicians; 17 4. Expert reports and Rebuttal reports; 18 5. Expert depositions; 19 6. Written discovery; 20 7. Disclosure of additional documents; 21 8. Subpoena/Obtain additional documents as necessary; 22 9. The parties also anticipate that they may need to conduct other forms of discovery, 23 though not specifically delineated herein, and anticipate doing so only on an as-needed basis. 24 C. REASON FOR REQUEST FOR EXTENSION OF DISCOVERY DEADLINES 25 A scheduling order can be modified "for good cause and with the judge's consent." Fed. R. 26 Civ. P. 16(b)(4). "A motion or stipulation to extend time must state the reasons for the extension 27 requested and must inform the court of all previous extensions of the subject deadline the court 1 'no substantial injury will be occasioned to the opposing party, the refusal to allow the amendment 2 might result in injustice to the movant, and the inconvenience to the court is slight.'" Campbell 3 Industries v. M/V Gemini, 619 F.2d 24, 27-28 (9th Cir. 1980) (quoting Angle v. Sky Chef, Inc., 535 4 F.2d 492, 495 (9th Cir. 1976); Sherman v. United States, 462 F.2d 577, 579 (5th Cir. 1972)). Here, 5 as discussed below, there is no dispute among the parties that an extension would cause any injury 6 or injustice, and that a refusal of extension could prejudice the parties. Additionally, although there 7 may be some inconvenience to the Court, no trial date is currently set and discovery is already 8 ongoing. Therefore, the stipulated request for a modest extension should be granted. 9 In addition to the discovery that has already taken place as set forth above, the parties have 10 diligently worked to continue to conduct discovery in an effort to complete the same and prepare 11 for trial. Plaintiff has identified numerous treatment providers and indicated extensive treatment in 12 the year prior to the accident, including a lengthy hospitalization stay. As such, the medical records 13 sought in discovery in this matter are expected to be voluminous and Defendants require addition 14 time to obtain and review the same, as well as seek the assistance of appropriate medical experts. 15 In sum, the parties have diligently conducted discovery and are continuing to work 16 cooperatively to complete the remaining discovery in order to prepare for trial. Good cause exists 17 for modification of the current scheduling order to avoid prejudice to the parties. 18 D. CURRENT SCHEDULE TO COMPLETE REMAINING DISCOVERY: 19 Initial Experts July 13, 2023 20 Rebuttals August 14, 2023 21 Discovery Cutoff September 11, 2023 22 Dispositive Motions October 11, 2023 23 Joint Pre-Trial Order November 10, 2023 24 / / / 25 / / / 26 / / / 27 / / / 1 E. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 2 Initial Experts October 11, 2023 3 Rebuttals November 10, 2023 4 Discovery Cutoff December 11, 2023 5 Dispositive Motions January 10, 2024 6 Joint Pre-Trial Order February 9, 2024 7 F. CURRENT TRIAL DATE: 8 No trial is yet scheduled in this matter. A joint proposed pretrial order is due on November 9 10, 2023, or 30 days following this Court's ruling on any dispositive motions, if filed. The parties 10 seek additional time so that the same proposed pretrial order is due February 9, 2024 or 30 days 11 after this Court's ruling on dispositive motions. 12 G. REQUEST NUMBER: 13 This is the first request for an extension of time to complete discovery. 14 Wherefore, the parties respectfully request that the Court grant this request to extend the 15 discovery deadlines as outlined above. 16 IT IS SO AGREED. 17 DATED this 15th day of June, 2023. DATED this 15th day of June, 2023. 18 WOOD, SMITH, HENNING & BERMAN LLP GOLIGHTLY & VANNAH, PLLC 19 By: /s/Kyle J. Hoyt By: /s/John B. Green 20 JOEL D. ODOU JOHN B. GREENE, ESQ. 21 Nevada Bar No. 7468 Nevada Bar No.: 4279 KYLE J. HOYT ROBERT D. VANNAH, ESQ. 22 Nevada Bar No. 14886 Nevada Bar No.: 2503 23 2881 Business Park Court, Suite 200 5555 Kietzke Lane, Suite 150 Las Vegas, Nevada 89128 Reno, NV 89511 24 Attorneys for Defendants Knight Attorneys for Plaintiff Transportation, Inc., Knight-Swift 25 Transportation Holdings, Inc., and Joseph Hayes 26 27 1 ORDER 2 IT IS SO ORDERED this 15thday of June , 2023. 4 . UNITED STA AGISTRATE JUDGE 6 7 || SUBMITTED BY: 8 || WOOD, SMITH, HENNING & BERMAN LLP ? /s/Kyle J. Hoyt >mmam AAJ@@@___ JOEL D. ODOU 11 Nevada Bar No. 7468 KYLE J. HOYT 5 12 Nevada Bar No. 14886 2881 Business Park Court, Suite 200 eRe 43 Las Vegas, Nevada 89128-9020 Attorneys for Knight Transportation, Inc., veg 14 Knight-Swift Transportation Holdings, Inc.

and Joseph Hayes 15

a 16

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