Assurance Company of America et al v. Ironshore Specialty Insurance Company

Filing 75

ORDER that 74 Motion to Extend Deadline to File Joint Pretrial Order is GRANTED. Proposed Joint Pretrial Order due by 10/12/2015. Signed by Chief Judge Gloria M. Navarro on 8/11/15. (Copies have been distributed pursuant to the NEF - MMM)

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William C. Reeves – 183878
MORALES FIERRO & REEVES
600 S. Tonopah Drive, Suite 300
Las Vegas, NV 89106
Telephone: [phone]
Facsimile: 702/699-9455

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ASSURANCE CO. OF AMERICA, et al.

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Plaintiffs,

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vs.

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IRONSHORE SPECIALTY INS. CO.,
Defendant.

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Case No.: 2:13-CV-02191-GMN-CWH
EMERGENCY MOTION TO EXTEND
DEADLINE TO FILE JOINT PRETRIAL
ORDER AS ORDERED BY THE COURT
[Dkt. No. 72]; SUPPORTING
DECLARATION THERETO AND ORDER
Expedited Review Requested

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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BE ADVISED THAT Plaintiffs hereby move for an order extending the last day to file the

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Joint Pretrial Order by 45 days to October 12, 2015. The motion is made based on the fact that

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counsel for the plaintiffs has trials in other matters scheduled for August 21, 2015 and September

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14, 2015 that impact plaintiffs' ability to prepare the Pretrial Order. Meanwhile, the paralegal

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assisting counsel for the plaintiffs in preparing the exhibits for trial is out of the office until

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September 7, 2015 assisting her daughter and her family in connection with the birth of the

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daughter's second child.

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This motion is brought on an emergency basis given that inadequate time exists to proceed

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on a regular basis given that the current deadline to file the Joint Pretrial Statement is August 28,

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2015 coupled with the fact that this deadline was only recently set by this Court on July 29, 2015.

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See Dkt. No. 72. Expedited consideration, therefore, is needed for a ruling to issue in advance of

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the deadline.
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MOTION

Case No.: 2:13-CV-02191-GMN-CWH

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Plaintiffs have met and conferred with counsel for defendant Ironshore Specialty Ins. Co.

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("Ironshore") regarding the requested 45 day extension. Ironshore's counsel indicated that it will

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not oppose the relief requested herein. See Exhibit A.

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Accordingly, for the reasons discussed herein, it is respectfully requested that this motion be
granted and that the deadline to file the Joint Pretrial Order by 45 days to October 12, 2015.

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Discussion

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A Court has the discretion under Rule 16 to modify a discovery plan and scheduling order

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for “good cause” prior to the expiration of the deadlines if the pretrial scheduled “cannot reasonably

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be met despite the diligence of the parties seeking the extension.” McPeek v. Harrah's Imperial

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Palace Corp., 2015 WL 2448748 (D. Nev. 2015). Good cause means the scheduling deadlines

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cannot be met despite the parties' diligence. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604,

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609 (9th. Cir.1992).

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Respectfully, good cause exists in this case to extend the deadline to file the Pretrial Order.

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Counsel for the plaintiffs has trials in other matters scheduled for August 21, 2015 and September

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14, 2015 that impact plaintiffs' ability to prepare the Pretrial Order. 15-20 depositions have yet to

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be taken in connection with these matters, both set as jury trials.

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Meanwhile, the paralegal assisting counsel in preparing the exhibits for trial is out of the

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office until September 7, 2015 assisting her daughter and her family in connection with the birth of

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the daughter's second child. The paralegal's absence presents a significant hardship as she is

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familiar with the file and needed to compile trial exhibits.

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By virtue of these scheduling issues, additional time is needed to complete the Joint Pretrial
Order.
Plaintiffs have proceeded diligently as the deadline to file the Joint Pretrial Order was set by

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this Court on July 29, 2015. See Dkt. No. 72. Given the proximity of this deadline, however,

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substantial hardship exists given the scheduling issues noted above.

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Plaintiffs have met and conferred with counsel for defendant Ironshore regarding the

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requested 45 day extension and confirmed that Ironshore does not oppose the relief requested

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herein. See Exhibit A.
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MOTION

Case No.: 2:13-CV-02191-GMN-CWH

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Accordingly, it is respectfully requested that this motion be granted and that the deadline to

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file the Joint Pretrial Order by 45 days to October 12, 2015.

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Dated: August 10, 2015

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MORALES FIERRO & REEVES

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By:
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/s/ William C. Reeves
William C. Reeves
MORALES FIERRO & REEVES
600 S. Tonopah Drive, Suite 300
Las Vegas, NV 89106
Attorneys for Plaintiffs

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Supporting Declaration

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I, William Reeves, declare under penalty of perjury as follows:

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1.

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I am an attorney with Morales Fierro & Reeves ("MFR"), counsel for Plaintiffs in

this matter.

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2.

I learned of the deadline to file the Joint Pretrial Order on July 29, 2015.

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3.

I am currently preparing for trials in the following two (2) separate matters:

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a.

b.

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C. Overaa & Co. v. US Glass & Aluminum. Inc., San Francisco County

("Bates"); and

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Bates v. EBMUD, Contra Costa County (Cal.) Case No.: C13-02540

(Cal.) Case No.: CGC10505585 ("Overaa").
4.

I represent the plaintiff in each case. Trial in Bates is scheduled to commence on

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August 21, 2015 while trial in Overaa is scheduled to commence on September 14, 2015. These

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trial dates significantly impact my ability to prepare the Joint Pretrial Order in this case as 15-20

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depositions need to be taken and completed in both matters. This fact, coupled with the necessary

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pre-trial work and trial attendance, impact my ability to prepare the Pretrial Order in this case.

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5.

Meanwhile, the paralegal I have been working with in this matter, Deanne Morales,

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is out of the office until September 7, 2015 assisting her daughter and her family in connection with

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the birth of the daughter's second child. As Ms. Morales plays a central role in organizing all
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MOTION

Case No.: 2:13-CV-02191-GMN-CWH

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exhibits, her absence significantly impacts my ability to prepare the Joint Pretrial Order in this case.

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I have met and conferred with counsel for defendant Ironshore regarding the

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requested 45 day extension and confirmed that Ironshore does not oppose the relief requested

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herein. True and correct correspondence which memorializes this fact is attached hereto as Exhibit

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A.

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I declare that the foregoing is true and correct based on my own personal knowledge.

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Executed in Pleasant Hill, California on the date specified below.

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Dated: August 10, 2015

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/s/ William C. Reeves
William C. Reeves

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IT IS SO ORDERED.

IT IS SO ORDERED.
DATED:

________________________________
Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT
United States District Court JUDGE

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DATED: 08/11/2015.

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MOTION

Case No.: 2:13-CV-02191-GMN-CWH

Exhibit A

Exhibit A

William Reeves
From:
Sent:
To:
Cc:
Subject:

Witte, Philip <[e-mail]>
Thursday, August 06, 2015 12:35 PM
William Reeves
Morison, William
RE: Zurich v. Ironshore - NV1

Bill:
While Ironshore will not oppose your request for an extension of the Pretrial Order deadline, it will not stipulate to an
extension.
Phil
From: William Reeves [mailto:[e-mail]]
Sent: Thursday, August 06, 2015 11:36 AM
To: Witte, Philip <[e-mail]>
Subject: Zurich v. Ironshore - NV1
Good speaking with you.
Per the attached Order, the current deadline to file the Pretrial Order is August 28, 2015.
Extreme difficulty exists on this end to meet this deadline as I have a complicated jury trial scheduled to commence on
August 21, 2015 with 10-15 depositions that we still need to take while my paralegal is gone the entire month of August to
assist her daughter's family with a baby expected any day.
While I raised a 30 day extension, I note that I also have a jury trial on September 14 that is scheduled to go. Please let
me know if Ironshore will stipulate to a 45 (or 30) day extension.
Thanks.

William C. Reeves

Law Offices of
MORALES FIERRO & REEVES
2300 Contra Costa Blvd., Suite 310
Pleasant Hill, CA 94523
[phone] / [phone] facsimile
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