Korba v. Hartford Underwriters Insurance Company

Filing 39

ORDER that the existing discovery plan and scheduling order deadlines shall apply with the exception of the independent medical examination to be conducted by Dr. Duke on September 4, 2013. Defendant shall have until October 4, 2013, in which to s erve Plaintiff with Dr. Dukes report. Plaintiff shall have until November 4, 2013, in which to complete Dr. Dukes deposition and serve any rebuttal report. Signed by Magistrate Judge Peggy A. Leen on 6/26/13. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 ZAN KORBA, ) ) Plaintiff, ) ) vs. ) ) HARTFORD UNDERWRITERS INSURANCE ) COMPANY, ) ) Defendant. ) __________________________________________) Case No. 2:12-cv-01391-GMN-PAL ORDER The parties requested an informal discovery dispute resolution conference. Michael Hall and 14 Jake Smith appeared telephonically on behalf of the Plaintiff. Kimberly Hyson appeared telephonically 15 on behalf of the Defendant. 16 At a hearing held June 11, 2013, the court granted Defendant’s motion to compel Plaintiff to 17 participate in an independent medical evaluation with Dr. Duke and required the parties to meet and 18 confer to schedule the IME on the first mutually available date consistent with the discovery plan and 19 scheduling order deadlines. The court indicated that it would grant relief from the discovery plan and 20 scheduling order if the doctor could not conduct the IME prior to the expiration of discovery. The 21 parties have arranged a September 4, 2013, IME with Dr. Duke, which is the earliest possible date 22 available on his calendar. Plaintiff requested relief from the discovery plan and scheduling order 23 deadlines for the limited purpose of allowing Dr. Duke to conduct his IME and serve a written report. 24 Defense counsel requested that the court extend all of the discovery plan and scheduling order 25 deadlines, including the deadline to disclose other experts, so that all expert reports would be due at the 26 same time. 27 28 The court advised the parties that the existing discovery plan and scheduling order deadlines shall remain in effect except for the deadline for Dr. Duke to conduct his independent medical 1 examination which was extended until September 4, 2013. Dr. Duke shall have thirty days in which to 2 submit a report, and Plaintiff will have thirty days thereafter to depose Dr. Duke, and to serve an 3 rebuttal expert report. 4 IT IS ORDERED the existing discovery plan and scheduling order deadlines shall apply with 5 the exception of the independent medical examination to be conducted by Dr. Duke on September 4, 6 2013. Defendant shall have until October 4, 2013, in which to serve Plaintiff with Dr. Duke’s report. 7 Plaintiff shall have until November 4, 2013, in which to complete Dr. Duke’s deposition and serve any 8 rebuttal report. 9 Dated this 26th day of June, 2013. 10 11 12 ______________________________________ Peggy A. Leen United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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