USF Insurance Company v. Smith's Food and Drug Centers, Inc. et al

Filing 21

ORDER Granting 19 LR 26-3 Interim Status Report filed by USF Insurance Company. Signed by Magistrate Judge Lawrence R. Leavitt on 4/15/2011. (Copies have been distributed pursuant to the NEF - SLR)

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Pamela A. McKay (SBN 7812)
McKAY LAW FIRM, Chtd.
3295 N. Fort Apache Road, Suite 150
Las Vegas, NV 89129
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff/Counter-Defendant
USF INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF NEVADA

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USF INSURANCE COMPANY,
a Michigan corporation,

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Plaintiff,
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vs.
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SMITH’S FOOD AND DRUG CENTER,
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INC., d/b/a SMITH’S FOOD AND DRUG
CENTER, #377, an Ohio corporation; and J & )
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I MAINTENANCE, a Utah corporation.
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Defendants.
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_____________________________________ )

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CASE NO. 2:10-cv-01513-RLH-LRL
LR 26-3 INTERIM STATUS REPORT OF
PLAINTIFF/COUNTERDEFENDANT
USF INSURANCE COMPANY

TO THIS HONORABLE COURT AND ALL PARTIES AND THEIR ATTORNEYS
OF RECORD:
Plaintiff/counter defendant USF INSURANCE COMPANY (USFIC), by and through its

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attorney of record, the McKay Law Firm, Chtd., hereby submits an Interium Status Report

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pursuant to LR 26-3 regarding the above-referenced action.

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I.

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LITIGATION STATUS
Pursuant to the Scheduling Order entered by the Court on December 23, 2010, the current

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discovery cut-off is May 9, 2011, and the deadline to file dispositive motions is June 8, 2011.

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(Docket # 13).

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On April 8, 2011, USFIC filed and served a Motion to Modify the Scheduling Order
(First Request) in order to complete discovery and obtain a ruling on a pending motion to

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compel, which may result in the disclosure of additional documents and the need to conduct

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discovery on the additional documents. (Docket # 18, which is incorporated by reference as if

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fully discussed herein).

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II.

REQUEST FOR CONTINUANCE OF INTERIUM STATUS REPORT

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CONCERNING THE PARTICULARS REQUESTED IN LR 26-4.

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Based on USFIC’s request for a 90 day continance of the deadline to complete discovery

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and file dispositive motions, USFIC, respectfully, requests the Court continue the date to submit

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an Interium Status Report to address the estimated time for trial, three possible trial dates, and

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whether or not trial will be elimiated or its length affected by substantive motions.
Based on the significant extent of discovery on issues that remains to be conducted,

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USFIC submits that estimating the time for trial, along with possible dates and the impact of

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dispositve motions is premature. Significant discovery and law and motion remains before this

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information may be submitted to the Court on a reliable basis.

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III.

CONCLUSION

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Based on the foregoing, USFIC, respectfully, submits that the Court continue the date for

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filing an Interim Status Report based on the requirements set forth in LR 26-4. Presently, a report

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which would contain these dates is premature. USFIC further requests the Court continue the

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date for an Interim Status Report according to USFIC’s request to continue certain outstanding

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deadlines in the current Scheduling Order.

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RESPECTFULLY SUBMITTED this 8th day of April, 2011.

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McKAY LAW FIRM, CHTD.

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/s/ Pamela McKay
By:

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PAMELA A. McKAY (SBN 7812)
3295 N. Fort Apache Road, Suite 150
Las Vegas, NV 89129
T: [phone]
F: [phone]
Attorneys for Plaintiff/Counterdefendant
USF INSURANCE COMPANY

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4-15-11

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