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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1 2 3 4 5 6 Pamela A. McKay (SBN 7812) McKAY LAW FIRM, Chtd. 3295 N. Fort Apache Road, Suite 150 Las Vegas, NV 89129 Phone: 702-835-6956 Fax: 702- 835-6957 Attorneys for Plaintiff/Counter-Defendant USF INSURANCE COMPANY 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF NEVADA 9 10 11 12 13 14 15 16 17 USF INSURANCE COMPANY, a Michigan corporation, ) ) ) ) Plaintiff, ) ) vs. ) ) SMITH’S FOOD AND DRUG CENTER, ) INC., d/b/a SMITH’S FOOD AND DRUG CENTER, #377, an Ohio corporation; and J & ) ) I MAINTENANCE, a Utah corporation. ) ) Defendants. ) _____________________________________ ) 18 19 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 20 21 attorney of record, the McKay Law Firm, Chtd., hereby submits an Interium Status Report 22 pursuant to LR 26-3 regarding the above-referenced action. 23 I. 24 LITIGATION STATUS Pursuant to the Scheduling Order entered by the Court on December 23, 2010, the current 25 discovery cut-off is May 9, 2011, and the deadline to file dispositive motions is June 8, 2011. 26 (Docket # 13). 27 28 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 1 1 compel, which may result in the disclosure of additional documents and the need to conduct 2 discovery on the additional documents. (Docket # 18, which is incorporated by reference as if 3 fully discussed herein). 4 II. REQUEST FOR CONTINUANCE OF INTERIUM STATUS REPORT 5 CONCERNING THE PARTICULARS REQUESTED IN LR 26-4. 6 Based on USFIC’s request for a 90 day continance of the deadline to complete discovery 7 and file dispositive motions, USFIC, respectfully, requests the Court continue the date to submit 8 an Interium Status Report to address the estimated time for trial, three possible trial dates, and 9 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, 10 11 USFIC submits that estimating the time for trial, along with possible dates and the impact of 12 dispositve motions is premature. Significant discovery and law and motion remains before this 13 information may be submitted to the Court on a reliable basis. 14 III. CONCLUSION 15 Based on the foregoing, USFIC, respectfully, submits that the Court continue the date for 16 filing an Interim Status Report based on the requirements set forth in LR 26-4. Presently, a report 17 which would contain these dates is premature. USFIC further requests the Court continue the 18 date for an Interim Status Report according to USFIC’s request to continue certain outstanding 19 deadlines in the current Scheduling Order. 20 RESPECTFULLY SUBMITTED this 8th day of April, 2011. 21 McKAY LAW FIRM, CHTD. 22 /s/ Pamela McKay By: 23 PAMELA A. McKAY (SBN 7812) 3295 N. Fort Apache Road, Suite 150 Las Vegas, NV 89129 T: (702) 835-6956 F: (702) 835-6957 Attorneys for Plaintiff/Counterdefendant USF INSURANCE COMPANY 24 25 26 27 28 4-15-11 2

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