Allstate Insurance Company v. Broan-Nutone, LLC et al
Filing
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ORDER Granting 25 Stipulation to Extend Time. Discovery due by 9/4/2015. Motions due by 10/5/2015. Proposed Joint Pretrial Order due by 11/9/2015. Signed by Magistrate Judge Cam Ferenbach on 4/20/2015. (Copies have been distributed pursuant to the NEF - DC)
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Marquis Aurbach Coffing
Tye S. Hanseen, Esq.
Nevada Bar No. 10365
10001 Park Run Drive
Las Vegas, Nevada 89145
Telephone: (702) 382-0711
Facsimile: (702) 382-5816
thanseen@maclaw.com
Local counsel for Plaintiff
Nelson, Levine, de Luca & Hamilton
Jeffrey M. Zielinski, Esq.
518 Township Line Road, Suite 300
Blue Bell, PA 19422
Telephone: (215) 358-5100
Facsimile: (215) 358-5101
jzielinski@nldhlaw.com
Attorney for Plaintiff – pro hac
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
MARQUIS AURBACH COFFING
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ALLSTATE INSURANCE COMPANY, an
Illinois corporation
Case No.:
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2:14-cv-01062-JCM-VCF
Plaintiff,
vs.
BROAN-NUTONE, LLC, a Delaware limited
liability company; JAKEL MOTORS
INCORPORATED, a Wisconsin corporation;
JAKEL MOTORS INCORPORATED n/k/a
and/or d/b/a JAKEL INCORPORATED, a
Wisconsin corporation; JAKEL
INCORPORATED f/k/a JAKEL MOTORS
INCORPORATED, a Wisconsin corporation;
REGAL-BELOIT CORPORATION, a
Wisconsin corporation; DOES I through X,
inclusive; and ROE CORPORATIONS I through
X, inclusive,
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Defendants.
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STIPULATION AND ORDER FOR EXTENSION OF DISCOVERY DEADLINES
(FIRST REQUEST)
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Pursuant to Local Rules 6-1 and 26-4, Plaintiff, Allstate Insurance Company (“AllState”),
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by and through its attorneys of record, the law firms of Nelson, Levine, de Luca & Hamilton and
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Marquis Aurbach Coffing, and Defendants, Broan-Nutone, LLC (“Broan”) and Jakel Motors
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Incorporated (“Jakel”), by and through its attorneys of record, the law firm of Cooper Levenson,
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MAC:13738-001 2495269_1
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respectfully submit the following Stipulation and Order for Extension of Discovery Deadlines
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(First Request). This Stipulation is being entered in good faith and not for purposes of delay.
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I.
LOCAL RULE 6-1 COMPLIANCE
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The Parties have made no prior requests for an extension of discovery and seek only a
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brief, 60-day extension of all deadlines to properly complete discovery. The alleged action
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involves allegations of a product defect that requires substantial document production relative to
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the design and history of the product from both of the defendants. The responses to the written
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requests and the related documentation are necessary for Plaintiff to properly depose the
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corporate designees of the defendants and are crucial for Plaintiff’s experts to author their
reports.
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II.
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10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
MARQUIS AURBACH COFFING
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A.
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LOCAL RULE 26-4 COMPLIANCE
DISCOVERY COMPLETED.
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The parties participated in an FRCP Rule 26(f) conference after which
they produced their initial disclosures pursuant to FRCP 26(f).
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2.
Plaintiff has served written discovery and document demands on both
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defendants that seek extensive information related to the history and design of the subject
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product. Defense counsel has required additional time to obtain such documents from both
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parties, as well as to review and ensure that they are responsive to the subject requests. Defense
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counsel intends to provide these responses by April 24, 2015. Plaintiff has consented to these
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extensions in order to obtain these documents, as well so the parties could work out and execute
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a confidentiality agreement to allow for the production of all of documents prior to conducting
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depositions of the defendants’ corporate designees.
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3.
The Defendants have served interrogatories and document demands, as
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well as extensive requests for admissions on Plaintiff. Plaintiff has requested an additional week
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to respond to these demands. Plaintiff intends to provide responses by April 24, 2015.
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4.
The parties are in the process of scheduling a series of depositions for
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mid-May that will result in the completion of the key fact witness depositions needed in this
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case.
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MAC:13738-001 2495269_1
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5.
To date, the parties have cooperated with one another and are working
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diligently to meet all deadlines.
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B.
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The parties agree that the subject litigation is expert intensive. As a result, the document
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production and the expert discovery phase are the most crucial aspects of the case. Once
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document production is completed on April 24, 2015, the parties can proceed with the key fact
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witness depositions that the parties intend to conduct in May.
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requested are the corporate designees of Broan and Jakel, Kelly Von Eberstien (AllState’s
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insured) and the local fire official. The parties hope to complete these key fact depositions over
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DISCOVERY REMAINING.
The depositions currently being
the course of several consecutive days.
Upon completion of fact witness depositions, which may ultimately include a few more
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10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
MARQUIS AURBACH COFFING
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persons, the remaining discovery will be the production of expert reports and the subsequent
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depositions of said experts.
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immediate future in order to avoid any delays.
The parties will work on scheduling these depositions in the
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C.
REASONS WHY DISCOVERY WAS NOT COMPLETED, GOOD CAUSE,
AND EXCUSABLE NEGLECT.
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This case involves extensive monetary damages. As a result, the parties retained experts
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before litigation began and the experts have participated in three separate inspections and/or
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destructive testings (both pre and post-litigation) of the fan which Plaintiff alleges caused the
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fire. As a result of the expert discovery conducted to date, the Plaintiff has identified extensive
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documents that need to be produced before the parties can effectively depose Defendants’
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corporate designees and before the experts can reach their final opinions.
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The extensive discovery requests have caused the Defendants to ask for several
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extensions to sufficiently respond. Plaintiff has consented to these extensions as the documents
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are crucial for Plaintiff to properly depose the corporate designees of the defendants and for
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Plaintiff’s experts to author their reports.
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As result, the Plaintiff has good cause to request this brief extension as it has been
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diligently working with the parties to obtain the necessary documents needed to take the next
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steps in discovery. Moreover, the discovery end date does not expire until July 6, 2015, which
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means that the parties have been proactive in seeking this brief extension so that this matter can
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progress efficiently.
requesting this extension, as the request comes 20 days prior to the deadline for Plaintiff’s expert
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disclosures, it is clear that there is (1) no danger of prejudice to anyone as all parties are in
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agreement with this request (2) the extension only requests an additional 60 days that should
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have no impact on the proceedings (3) the lapse of the 21 day deadline was simply an oversight
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that was promptly remedied and a legitimate reason, as well as good cause, to extend discovery
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has been set forth above and (4) to date, the parties have acted in good faith throughout the
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course of the discovery process. See Bateman v. U.S. Postal Serv., 231 F.3d 1220, 1223–24 (9th
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10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
To the extent that the Court deems that the excusable neglect standard must be met in
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MARQUIS AURBACH COFFING
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Cir.2000) (citing four factors in determining whether neglect is excusable: (1) the danger of
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prejudice to the opposing party; (2) the length of the delay and its potential impact on the
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proceedings; (3) the reason for the delay; and (4) whether the movant acted in good faith).
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Based on the above, the parties propose the below brief extension.
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PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY.
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1.
Discovery Cut-Off
Extended from July 6, 2015 to September 4, 2015.
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Last Day to File Motions to Amend or Add Parties
Closed.
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Initial Expert Disclosures
Extended from May 7, 2015 to July 6, 2015.
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Rebuttal Expert Disclosures
Extended from June 8, 2015 to August 7, 2015.
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Dispositive Motions
Extended from August 5, 2015 to October 5, 2015.
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MAC:13738-001 2495269_1
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6.
Joint Pretrial Order
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The deadline to file the Joint Pretrial Order shall be extended from September 8, 2015 to
November 9
October 7, 2015. If the Parties file dispositive motions, the Joint Pretrial Order will be due 30
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days after the Court’s entry of its decision on the dispositive motions.
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DATED this 17th day of April, 2015.
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NELSON, LEVINE,
HAMILTON
DE
DATED this 17th day of April, 2015.
LUCA
& COOPER LEVENSON
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By:
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/s/ Jeffrey M. Zielinski
Jeffrey M. Zielinski, Esq.
518 Township Line Road, Suite 300
Blue Bell, PA 19422
jzielinski@nldhlaw.com
Attorney for Plaintiff – pro hac
By:
Tye S. Hanseen, Esq.
Nevada Bar No. 10365
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorneys for Plaintiff
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10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
MARQUIS AURBACH COFFING
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/s/ Jerry S. Busby
Jerry S. Busby, Esq.
Nevada Bar No. 001107
6060 Elton Avenue, Suite A
Las Vegas, NV 89107-0126
Attorneys for Defendants
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April
20th
IT IS SO ORDERED this ____ day of _____________, 2015. As modified.
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UNITED STATES DISTRICT MAGISTRATE JUDGE
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Submitted by:
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NELSON, LEVINE, DE LUCA & HAMILTON
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By:
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/s/ Jeffrey M. Zielinski
Jeffrey M. Zielinski, Esq.
518 Township Line Road, Suite 300
Blue Bell, PA 19422
jzielinski@nldhlaw.com
Attorney for Plaintiff – pro hac
Tye S. Hanseen, Esq.
Nevada Bar No. 10365
10001 Park Run Drive
Las Vegas, Nevada 89145
Local counsel for Plaintiff
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