Soto v. Infinity Hospice Care, LLC

1 HALL & EVANS, LLC ADAM R. KNECHT, ESQ. 2 Nevada Bar No. 13166 YULIYA BRADY, ESQ. 3 Nevada Bar No. 14699 1160 North Town Center Drive [4] Suite 330 5 Las Vegas, Nevada 89144 (702) 998-1022 6 knechta@hallevans.com bradyy@hallevans.com 7 nvefile@hallevans.com Attorneys for Defendants [8] Infinity Hospice Care, LLC, 9 Nevada Hospice and Palliative Care, Inc., Infinity Hospice Care of Las Vegas, LLC, 10 and Infinity Hospice Care of Reno, LLC 11 UNITED STATES DISTRICT COURT [12] DISTRICT OF NEVADA [13] 14 VALERIE SOTO; an individual, Case Number: 2:22-cv-00632-BNW [15] Plaintiff, [16] vs. 17 STIPULATION TO EXTEND ALL INFINITY HOSPICE CARE, LLC; AN DISCOVERY DEADLINES 18 ARIZONA LIMITED LIABILITY COMPANY, NEVADA HOSPICE AND PALLIATIVE [19] CARE, INC.; A NEVADA CORPORATION, 20 INFINITY HOSPICE CARE OF LAS VEGAS, [THIRD REQUEST] LLC, A NEVADA LIMITED LIABILITY 21 COMPANY, INFINITY HOSPICE CARE OF RENO, LLC; A NEVADA LIMITED 22 LIABILITY COMPANY, SWEET HOME BELMONT, LLC; A NEVADA LIMITED [23] LIABILITY COMPANY, DOES I-X; ROE 24 CORPORATIONS AND/OR ENTITIES I-X, 25 Defendants. [26] 27 Pursuant to Federal Rule of Civil Procedure 6 and the Court’s Local Rules of Civil 1 approve this Stipulation to extend the current discovery deadlines by 90-days. Counsel for the 2 respective parties communicated regarding this matter and agree that the requested extension is 3 necessary and supported by good cause/excusable neglect. This is the parties’ third request for an 4 extension of the discovery deadlines. 5 As the Court is aware, this case generated significant motions practice prior to Plaintiff 6 filing a First Amended Complaint. Since Plaintiff’s filing of her First Amended Complaint, 7 Infinity Defendants filed another dispositive motion (ECF No. 79) and Defendant Sweet Home 8 Belmont recently filed an Answer (ECF No. 76) setting forth various affirmative defenses. 9 On June 29, 2024, this Court issued a minute order denying Infinity Defendants’ Motion 10 without prejudice for the parties to meet and confer regarding the way, if any, in which 11 Limprasert impacts the viability of the pending claim. The Court explained that on June 27, 12 2024, the Nevada Supreme Court decided Limprasert v. PAM Specialty Hosp. of Las Vegas LLC, 140 Nev. Adv. Op. 45 (2024), which significantly impacted the issues before the Court. [13] The Court scheduled a hearing for Monday, July 1, 2024. But Limprasert (1) rendered irrelevant [14] many of the arguments the parties briefed, and (2) broadened the range of arguments. [15] Furthermore, settlement discussions have taken place between the parties that might lead [16] to a resolution in this matter. [17] Given the upcoming expert disclosure deadline, the parties agree that additional time is [18] needed for settlement discussions and/or to provide the parties’ respective experts sufficient [19] additional information to formulate opinions. To that end, the parties also need to complete [20] written discovery and coordinate the depositions of various fact/expert witnesses. [21] In communicating regarding this proposed extension of the discovery deadlines, counsel [22] for the parties consulted their respective schedules and agree that a 90-day extension of the [23] current discovery deadlines is appropriate to permit the completion of discovery in this case [24] while, at the same time, balancing their competing work schedules. [25] As evidenced above, the parties are actively working on this file and this request is not [26] based on any dilatory actions of either party. [27] In light of the foregoing, the parties propose the following discovery schedule be 1 approved by the Court: 2 EVENT CURRENT DEADLINE PROPOSED DEADLINE 3 Discovery Cut-Off October 3, 2024 (Thursday) January 02, 2025 (Thursday) 4 Amending Pleadings and August 5, 2024 (Monday) November 04, 2024 (Monday) Adding Parties 5 Initial Expert Disclosures August 5, 2024 (Monday) November 04, 2024 (Monday) 6 Rebuttal Expert Disclosures September 3, 2024 (Tuesday) December 02, 2024 (Monday) 7 Dispositive Motions November 3, 2024 (Monday) February 03, 2025 (Monday) 8 Pre-Trial Order1 December 2, 2024 (Monday) March 03, 2025 (Monday) [9] 10 Despite best efforts, the parties have not been able to complete the discovery that is 11 necessary and needed at this juncture. However, the parties believe that, should the Court 12 approve this Stipulation for an extension of discovery deadlines, the additional time requested 13 herein will be sufficient to resolve this case and/or allow the parties to complete discovery. [14] 15 DATED this _15___ day of July 2024. [16] Respectfully submitted, [17] /s/ Adam R. Knecht /s/ Paul S. Padda 18 __________________________ __________________________ Adam R. Knecht, Esq. Paul S. Padda, Esq. [19] Yuliya Brady, Esq. PAUL PADDA LAW, PLLC 20 HALL & EVANS, LLC Counsel for Plaintiff Counsel for Defendants Infinity Hospice Care, LLC 21 Nevada Hospice and Palliative Care, Inc. Infinity Hospice Care of Las Vegas, LLC 22 Infinity Hospice Care of Reno, LLC [23] __/_s_/__E__t_h__a__n__M___._F__e_a__t_h_erstone [24] Ethan M. Featherstone, Esq. 25 LEWIS BRISBOIS BISGAARD & SMITH, LLP Counsel for Defendant Sweet Home Belmont, LLC [27] 1 If a dispositive motion is filed, the deadline for filing the joint pretrial order will be suspended until 302 3 IT IS SO ORDERED: 4 The parties’ request to extend discovery deadlines, as set forth in their Stipulation filed July 15, 2024, 5 is hereby approved. 7 LE 1 Les Are bat, UNITED STATES MAGISTRATE JUDGE 9 DATED: July 16, 2024 [13] = 14 [28] 4 ARK-19930-1