1 JACOB S. SMITH, ESQ. Nevada Bar No. 10231 2 HENNESS & HAIGHT 8972 Spanish Ridge Avenue 3 Las Vegas, Nevada 89148 4 (702) 862-8200 Attorneys for Plaintiff 5 UNITED STATES DISTRICT COURT
6 DISTRICT OF NEVADA 7 ZELLA WATSON, 8 Plaintiff, Case No.: 2:19-cv-01110-JAD-BNW 9
10 vs.
11 BED BATH & BEYOND, INC., a foreign corporation; ROE FLOOR MAINTENANCE 12 COMPANY; DOES I through X; DOE 13 EMLOYEES I through X; and ROE CORPORATIONS I through X, inclusive, 14 Defendants. 15
16 PLAINTIFF’S MOTION FOR AN ORDER SHORTENING TIME
17 COMES NOW Plaintiff, ZELLA WATSON, individually, by and through her attorney of 18 record, JACOB S. SMITH, ESQ., of the law firm HENNESS & HAIGHT, and hereby moves for 19 an Order Shortening Time, to shorten the time by which Plaintiff’s Motion to Compel [DKT No. 20 24] will be briefed, and to permit Plaintiff’s Motion to Compel and Defendant Bed Bath & 21 Beyond’s Motion for Protective Order to be heard together on June 17, 2020. 22 This Motion is made based on the Points and Authorities submitted herewith, all 23 pleadings and documents on file with the Court, and any oral argument entertained at the hearing 24 of this matter. 25 / / / 26 27 / / / 28 / / / 1 DECLARATION OF JACOB S. SMITH, ESQ. PURSUANT TO LR IA 6-1(d) 2 I, JACOB S. SMITH, ESQ., hereby declare as follows: 3 1. I am over the age of 18 years and have personal knowledge of the facts stated 4 herein, except for those stated upon information and belief, and as to those, I believe them to be 5 true. I am competent to testify as to the facts stated herein in a court of law and will so testify if 6 called upon. 7 2. I am an attorney duly licensed to practice law in the State of Nevada. I am a 8 partner at the law firm of Henness & Haight, counsel for Plaintiff in the present matter. 9 3. On May 11, 2020, Defendant Bed Bath & Beyond, Inc. filed its Motion for 10 Protective Order. 11 4. Defendant’s Motion objects to two topics of a forthcoming 30(b)(6) deposition: 12 Topic 2: Prior slip and fall incidents in the five (5) years preceding the 13 subject incident on Defendant’s premises.
14 Topic 4: All litigation against Defendant in the five (5) years preceding the 15 subject incident involving allegations of slip and falls on Defendant’s premises. This witness must have knowledge of the names of the parties, the 16 names of counsel representing the parties, knowledge of the facts and circumstances and allegations of the prior slip and fall incidents, and the 17 disposition of the prior litigation(s). 18 5. Concurrent with this Motion for an Order Shortening Time, Plaintiff is also filing 19 a Motion to Compel regarding Plaintiff’s First Set of Requests for Production of Defendant 20 BB&B. The following Requests are at issue: 21 Request No. 17: Produce a copy of all incident reports involving employees 22 and customers – including the incident report pertaining to this specific incident and any others—for 5 years prior to the subject incident to the 23 present. 24 Request No. 18: Produce any other documentation evidencing all employee and customer injuries, insurance claims and lawsuits – for the 5 years prior to 25 the incident, and since this incident occurred. 26 6. Both Plaintiff’s and Defendant’s Motions address substantively the same issues. 27 7. Defendant BB&B’s Motion is set to be heard on June 17, 2020. 28 8. A deposition of Defendant BB&B’s 30(b)(6) witness is set to take place on June 22, ° 2020, during which BB&B’s prior incidents will be addresses. ° 9. Discovery is scheduled to close on June 23, 2020. As such, this Motion for an Order Shortening Time necessary due to that approaching deadline. 10. This Motion is not meant to delay any proceeding within this case and is filed in good faith. I declare under penalty of perjury under laws of the United States of America that the
9 foregoing is true and correct.
10 DATED this 3rd day of June, 2020 11 12 \ 13 14 15 TACOBS SMITH, ESQ. 16 17 MEMORANDUM OF POINTS AND AUTHORITIES 18 1. 19 FACTS AND PROCEDURAL POSTURE 20 On August 8, 2017, Plaintiff Zella Watson and her husband visited Defendant’s Bed Bat 21 || & Beyond (“BB&B”) store located in Henderson, NV. While shopping for her grandchildren, 22 ||Mrs. Watson’s foot slipped out from under her causing her to tumble to the ground. Mrs. Watso 23 || tried, but was unable to catch herself. As she fell, Mrs. Watson’s left leg twisting awkwardl 24 || behind her and she landed on her outstretched right arm. Unbeknownst to Mrs. Watson, liqui 2° || was present on the floor. After the fall, Mrs. Watson noticed her shoes were wet. Mrs. Watso 2° ll was subsequently rushed by ambulance to the hospital for emergency care. 27 28
1 Mrs. Watson filed her complaint in this matter in the Eighth Judicial District Court of 2 Nevada on June 4, 2019. On June 27, 2019, the case was removed to United States District Court 3 for the District of Nevada. Mrs. Watson filed her first Request for Production of Documents to 4 BB&B on September 4, 2019. BB&B sent its deficient responses on October 14, 2019. After a 5 meet and confer on December 18, 2019, Mrs. Watson filed this Motion to Compel. 6 On May 11, 2020, BB&B filed its Motion for Protective Order. BB&B’s Motion is set to be 7 heard on June 17, 2020. The Deposition of BB&B’s 30(b)(6) witness is set to take place on June 8 22, 2020. 9 II. 10 DISCUSSION 11 Pursuant to Local Rule IA 6-1, Plaintiff Zella Watson (“Plaintiff”) respectfully applies 12 for an order shortening the time, to shorten the time by which the Motion to Compel [DKT No. 24] 13 will be briefed so both Plaintiff’s Motion to Compel and BB&B’s Motion for Protective Order may be 14 heard together. 15 16 This Court has authority to shorten the time. Rule 6(c) of the Federal Rules of Civil 17 Procedure sets forth the time for hearings on noticed motions “except[ ] . . . when a court order – 18 which a party may, for good cause, apply for ex parte – sets a different time.” Fed. R. Civ. P. 19 6(c)(1); see also United States v. Fitch, 472 F.2d 548, 549 n.5 (9th Cir. 1973) (citing former Rule 20 6(c) and explaining that this rule “allows the district court discretion to shorten time”). The Local 21 Civil Rules for the U.S. District Court for the District of Nevada recognize this authority, and 22 provide that “motions to shorten time will be granted only upon an attorney or party’s 23 declaration describing the circumstances claimed to constitute good cause to justify shortening 24 time.” Local R. IA 6-1. 25 Good cause exists for this application. The proposed Motion to Compel addresses 26 substantively the same issues as BB&B’s Motion for Protective Order, which is currently on file. 27 Both Motions address the topic of prior slip and fall incidents, claims, and litigation in the five 28 (5) years preceding the subject incident on BB&B’s premises. The only difference between the two Motions 1s that the Motion to Compel addresses production of documents as opposed to th FRCP 30(b)(6) witness deposition topics addressed in BB&B’s Motion for Protective Order. I short, judicial economy dictates that both of these Motions be heard at the same time. 4 HI. ° CONCLUSION 7 Based on the foregoing, Plaintiff respectfully requests that the Court exercise the authority g || granted to it by Fed. R. Civ. P. 6(c)(1) and Local Rule JA 6-1 and shorten the time by which the 9 || Motion to Compel will be briefed so both Plaintiff's Motion to Compel and BB&B’s Motion for 10 || Protective Order may be heard together.
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1 JACOB S. SMITH, ESQ. Nevada Bar No. 10231 2 HENNESS & HAIGHT 8972 Spanish Ridge Avenue 3 Las Vegas, Nevada 89148 4 (702) 862-8200 Attorneys for Plaintiff 5 UNITED STATES DISTRICT COURT
6 DISTRICT OF NEVADA 7 ZELLA WATSON, 8 Plaintiff, Case No.: 2:19-cv-01110-JAD-BNW 9
10 vs.
11 BED BATH & BEYOND, INC., a foreign corporation; ROE FLOOR MAINTENANCE 12 COMPANY; DOES I through X; DOE 13 EMLOYEES I through X; and ROE CORPORATIONS I through X, inclusive, 14 Defendants. 15
16 PLAINTIFF’S MOTION FOR AN ORDER SHORTENING TIME
17 COMES NOW Plaintiff, ZELLA WATSON, individually, by and through her attorney of 18 record, JACOB S. SMITH, ESQ., of the law firm HENNESS & HAIGHT, and hereby moves for 19 an Order Shortening Time, to shorten the time by which Plaintiff’s Motion to Compel [DKT No. 20 24] will be briefed, and to permit Plaintiff’s Motion to Compel and Defendant Bed Bath & 21 Beyond’s Motion for Protective Order to be heard together on June 17, 2020. 22 This Motion is made based on the Points and Authorities submitted herewith, all 23 pleadings and documents on file with the Court, and any oral argument entertained at the hearing 24 of this matter. 25 / / / 26 27 / / / 28 / / / 1 DECLARATION OF JACOB S. SMITH, ESQ. PURSUANT TO LR IA 6-1(d) 2 I, JACOB S. SMITH, ESQ., hereby declare as follows: 3 1. I am over the age of 18 years and have personal knowledge of the facts stated 4 herein, except for those stated upon information and belief, and as to those, I believe them to be 5 true. I am competent to testify as to the facts stated herein in a court of law and will so testify if 6 called upon. 7 2. I am an attorney duly licensed to practice law in the State of Nevada. I am a 8 partner at the law firm of Henness & Haight, counsel for Plaintiff in the present matter. 9 3. On May 11, 2020, Defendant Bed Bath & Beyond, Inc. filed its Motion for 10 Protective Order. 11 4. Defendant’s Motion objects to two topics of a forthcoming 30(b)(6) deposition: 12 Topic 2: Prior slip and fall incidents in the five (5) years preceding the 13 subject incident on Defendant’s premises.
14 Topic 4: All litigation against Defendant in the five (5) years preceding the 15 subject incident involving allegations of slip and falls on Defendant’s premises. This witness must have knowledge of the names of the parties, the 16 names of counsel representing the parties, knowledge of the facts and circumstances and allegations of the prior slip and fall incidents, and the 17 disposition of the prior litigation(s). 18 5. Concurrent with this Motion for an Order Shortening Time, Plaintiff is also filing 19 a Motion to Compel regarding Plaintiff’s First Set of Requests for Production of Defendant 20 BB&B. The following Requests are at issue: 21 Request No. 17: Produce a copy of all incident reports involving employees 22 and customers – including the incident report pertaining to this specific incident and any others—for 5 years prior to the subject incident to the 23 present. 24 Request No. 18: Produce any other documentation evidencing all employee and customer injuries, insurance claims and lawsuits – for the 5 years prior to 25 the incident, and since this incident occurred. 26 6. Both Plaintiff’s and Defendant’s Motions address substantively the same issues. 27 7. Defendant BB&B’s Motion is set to be heard on June 17, 2020. 28 8. A deposition of Defendant BB&B’s 30(b)(6) witness is set to take place on June 22, ° 2020, during which BB&B’s prior incidents will be addresses. ° 9. Discovery is scheduled to close on June 23, 2020. As such, this Motion for an Order Shortening Time necessary due to that approaching deadline. 10. This Motion is not meant to delay any proceeding within this case and is filed in good faith. I declare under penalty of perjury under laws of the United States of America that the
9 foregoing is true and correct.
10 DATED this 3rd day of June, 2020 11 12 \ 13 14 15 TACOBS SMITH, ESQ. 16 17 MEMORANDUM OF POINTS AND AUTHORITIES 18 1. 19 FACTS AND PROCEDURAL POSTURE 20 On August 8, 2017, Plaintiff Zella Watson and her husband visited Defendant’s Bed Bat 21 || & Beyond (“BB&B”) store located in Henderson, NV. While shopping for her grandchildren, 22 ||Mrs. Watson’s foot slipped out from under her causing her to tumble to the ground. Mrs. Watso 23 || tried, but was unable to catch herself. As she fell, Mrs. Watson’s left leg twisting awkwardl 24 || behind her and she landed on her outstretched right arm. Unbeknownst to Mrs. Watson, liqui 2° || was present on the floor. After the fall, Mrs. Watson noticed her shoes were wet. Mrs. Watso 2° ll was subsequently rushed by ambulance to the hospital for emergency care. 27 28
1 Mrs. Watson filed her complaint in this matter in the Eighth Judicial District Court of 2 Nevada on June 4, 2019. On June 27, 2019, the case was removed to United States District Court 3 for the District of Nevada. Mrs. Watson filed her first Request for Production of Documents to 4 BB&B on September 4, 2019. BB&B sent its deficient responses on October 14, 2019. After a 5 meet and confer on December 18, 2019, Mrs. Watson filed this Motion to Compel. 6 On May 11, 2020, BB&B filed its Motion for Protective Order. BB&B’s Motion is set to be 7 heard on June 17, 2020. The Deposition of BB&B’s 30(b)(6) witness is set to take place on June 8 22, 2020. 9 II. 10 DISCUSSION 11 Pursuant to Local Rule IA 6-1, Plaintiff Zella Watson (“Plaintiff”) respectfully applies 12 for an order shortening the time, to shorten the time by which the Motion to Compel [DKT No. 24] 13 will be briefed so both Plaintiff’s Motion to Compel and BB&B’s Motion for Protective Order may be 14 heard together. 15 16 This Court has authority to shorten the time. Rule 6(c) of the Federal Rules of Civil 17 Procedure sets forth the time for hearings on noticed motions “except[ ] . . . when a court order – 18 which a party may, for good cause, apply for ex parte – sets a different time.” Fed. R. Civ. P. 19 6(c)(1); see also United States v. Fitch, 472 F.2d 548, 549 n.5 (9th Cir. 1973) (citing former Rule 20 6(c) and explaining that this rule “allows the district court discretion to shorten time”). The Local 21 Civil Rules for the U.S. District Court for the District of Nevada recognize this authority, and 22 provide that “motions to shorten time will be granted only upon an attorney or party’s 23 declaration describing the circumstances claimed to constitute good cause to justify shortening 24 time.” Local R. IA 6-1. 25 Good cause exists for this application. The proposed Motion to Compel addresses 26 substantively the same issues as BB&B’s Motion for Protective Order, which is currently on file. 27 Both Motions address the topic of prior slip and fall incidents, claims, and litigation in the five 28 (5) years preceding the subject incident on BB&B’s premises. The only difference between the two Motions 1s that the Motion to Compel addresses production of documents as opposed to th FRCP 30(b)(6) witness deposition topics addressed in BB&B’s Motion for Protective Order. I short, judicial economy dictates that both of these Motions be heard at the same time. 4 HI. ° CONCLUSION 7 Based on the foregoing, Plaintiff respectfully requests that the Court exercise the authority g || granted to it by Fed. R. Civ. P. 6(c)(1) and Local Rule JA 6-1 and shorten the time by which the 9 || Motion to Compel will be briefed so both Plaintiff's Motion to Compel and BB&B’s Motion for 10 || Protective Order may be heard together. 11 DATED this 3rd day of June, 2020. 13 HENNESS & HAIGHT 14 15 al
16 17 JACOB S. SMITH, ESQ. “8 Nevada Bar No. 10231 19 8972 Spanish Ridge Avenue Las Vegas, Nevada 89148 20 Attorneys for Plaintiff 21 || The Court, in its discretion andto ITISSO ORDERED manage its own calendar, 23 || ORDERS that any response to DATED: June 05, 2020 3 ECF No. 24 is due by June 10, 2020 and any reply is due by 25 || June 12, 2020. 26 |! IT IS FURTHER ORDERED that Ls wet □ >7 || a hearing on ECF No. 24 is set BRENDA WEKSLER vg || Or une 17 2020 at 1:00 p.m. UNITED STATES MAGISTRATE JUDGE IT IS FURTHER ORDERED that ECF No. 25 is DENIED as moot.
1 CERTIFICATE OF SERVICE
2 I HEREBY CERTIFY that on the 3rd day of June, 2020, the undersigned served the 3 foregoing PLAINTIFF’S MOTION FOR AN ORDER SHORTENING TIME on the 4 following counsel of record herein by causing a true copy thereof to be filed with the Clerk of 5 Court using the CM/ECF system, which was served via electronic transmission by the Clerk of 6 7 Court pursuant to local order and/or by United States Mail: 8 Michael Lowry, Esq. Jonathan C. Pattillo, Esq. 9 WILSON ELSER MOSKOWITZ 10 EDELMAN & DICKER 300 South 4th Street, 11th Floor 11 Las Vegas, Nevada 89101-6014 Attorneys for Defendant 12
14 _____/s/ Kelley Huff_______________________ 15 An Employee of 16 HENNESS & HAIGHT
17 18 19 20 21 22 23 24 25 26 27 28