L.A. Pacific Center, Inc. v. Charter Oak Fire Insurance Company

Filing 17

SCHEDULING ORDER granting 16 Proposed Discovery Plan/Scheduling Order filed by L.A. Pacific Center, Inc. Discovery due by 9/8/2015, Motions due by 10/8/2015, Proposed Joint Pretrial Order due by 11/9/2015. Signed by Magistrate Judge Cam Ferenbach on 2/9/2015. (Copies have been distributed pursuant to the NEF - DC)

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Steven J. Parsons
Nevada Bar No. 363
Joseph N. Mott
Nevada Bar No. 12455
LAW OFFICES OF STEVEN J. PARSONS
7201 W Lake Mead Blvd Ste 108
Las Vegas NV 89128-8354
[phone]
[phone] (fax)
[e-mail]
[e-mail]
Attorney for Plaintiff
L.A. PACIFIC CENTER, INC.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CEN
INC.,
L.A. PACIFIC CENTER, INC. a Nevada
corporation,

Case No. 2:14-cv-01977-(GMN)-(VCF)
REVISED STIPULATED DISCOVERY PLAN
and
PROPOSED SCHEDULING ORDER
(in response to Docket No. 15)

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Plaintiff,
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vs.
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THE CHARTER OAK FIRE INSURANCE
COMPANY,
COMPANY a Connecticut corporation,

(Special Scheduling Review Requested)

Defendant.

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1.

MEETING

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Pursuant to Fed. R. Civ. P. 26(f) and LR 26-1(e), Joseph N. Mott of LAW OFFICES OF

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STEVEN J. PARSONS, counsel for Plaintiff L.A. PACIFIC CENTER, INC. and Casey Perkins of SNELL

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& WILMER, counsel for THE CHARTER OAK FIRE INSURANCE COMPANY met on January 22,

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2015 and discussed the merits and proposed scheduling for this case, and the parties agree

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as follows:

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2.

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The parties will exchange their initial disclosures in accordance with Fed. R. Civ. P.

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INITIAL DISCLOSURES

26(a) no later than Monday February 16, 2015.
3.

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Law Offices of Steven J. Parsons
7201 W. Lake Mead Blvd., Ste. 108
Las Vegas, Nevada 89128-8354
[phone]; fax [phone]
[e-mail]

DISCOVERY PLAN
A.

DISCOVERY:
SUBJECTS OF DISCOVERY Discovery may be conducted on all matters

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pursuant to Fed. R. Civ. P. 26(b).
B.

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DISCOVERY CUT-OFF DATE: The plan is in general accordance with LR
DATE

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26-1(e)(1), and the parties request two hundred seventy one (271) days to conduct percipient

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witness discovery measured from December 11, 2014 when Defendant first appeared in this

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case by filing its Answer to Plaintiff’s Amended Complaint. (The two hundred seventieth day

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otherwise falling on a holiday. The last proposed day of discovery of percipient witnesses shall

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be Tuesday, September 8, 2015.)
C.

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experts shall proceed according to Fed. R. Civ. P. 26(a)(2) except that:
i. The disclosure of experts and expert reports shall occur on

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(EXPERTS):
FED. R. CIV. P. 26(a)(2) DISCLOSURES (EXPERTS) Disclosure of

Wednesday, June 10, 2015, which is ninety (90) days before the discovery cut-off date;
ii.
ii The disclosure of rebuttal experts shall occur on Friday,

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July 11, 2015, which is thirty (30) days after the disclosure of experts and sixty (60)

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days before discovery cut-off.

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4.

AMENDMENT OF THE PLEADINGS AND ADDING PARTIES

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The parties shall have until Wednesday June 10, 2015 to file any motion to amend the

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pleadings or to add parties. This is ninety (90) days before the discovery cut-off, which is in

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accordance with LR 26-1(e)(2).

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5.

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The parties shall file their interim status report required by LR 26-3 by Friday, July 11,

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INTERIM STATUS REPORTS

2015, which is sixty (60) days before the discovery cut-off date.

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6.

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The parties shall have until Thursday, October 8, 2015 to file dispositive motions, which

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DISPOSITIVE MOTIONS

is thirty (30) days after the close of discovery.

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7.

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The likelihood of settlement cannot be presently established.

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SETTLEMENT
The parties have

discussed settlement prospects, and in past cases, have continued that discussion through

Law Offices of Steven J. Parsons
7201 W. Lake Mead Blvd., Ste. 108
Las Vegas, Nevada 89128-8354
[phone]; fax [phone]
[e-mail]

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all proceedings.

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The pretrial order shall be filed Monday, November 9, 2015, which is thirty (30) days

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after the date set for filing dispositive motions in this case. This deadline is suspended if a

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dispositive motion is timely filed.

PRETRIAL ORDER

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The disclosures required by this rule and any objections shall be included in the pretrial

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FED. R. CIV. P. 26(a)(3) DISCLOSURES

order.

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REASONS FOR REQUESTED SPECIAL SCHEDULING REVIEW

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Plaintiff’s Complaint alleges that Charter Oak underwrote and issued an insurance Policy

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to L.A. Pacific, which provided, among other things, commercial property coverage (the

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“Policy”). Plaintiff alleges that a building insured under the Policy sustained significant

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structural damage following a leak in a water supply line in June of 2012, that it submitted a

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claim related to that damage, and that Charter Oak failed to conduct an adequate investigation

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before denying that claim.

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This case will require discovery regarding not only complex engineering issue regarding

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causation and related insurance coverage questions, but also Plaintiff’s allegations regarding

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the handling and denial of Plaintiff’s claim.

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The Parties’ counsel work very well together in litigation, but it is anticipated that

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difficult travel and scheduling issues will pervade, especially in deposing what will likely be the

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universe of witnesses outside of this District. Additionally, reconstruction and repairs of the

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damages to Plaintiff’s real property, foundation, and fixtures has not yet been contracted,

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hence some issues for damage calculation and some defenses thereto are not yet patent and

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fixed.

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For these reasons, the parties are asking for a 270-day discovery period to complete
at least the following discovery, which includes:
(a)

Law Offices of Steven J. Parsons
7201 W. Lake Mead Blvd., Ste. 108
Las Vegas, Nevada 89128-8354
[phone]; fax [phone]
[e-mail]

A detailed investigation must be conducted with regard to the cause of the

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alleged structural damage, as well as the valuation of that damages;

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(b)

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discovery;

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(c)

Both parties intend to serve written discovery, including potential third-party

Depositions of fact witnesses, including, but not limited to, the following people:

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i.

Principals, employees and/or agents of L.A. Pacific;

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ii.

Travelers’ employees, including claims specialists who handled L.A.

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Pacific’s claim (certain of those’ employees live and work outside of this District, which will

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result in the need to coordinate travel schedules as well as availability of the deponents);

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(d)

Expert witnesses in the fields of, among others, structural engineering or other

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engineering specialties, building and construction costs, and insurance coverage, will need to

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be retained to investigate the cause of the alleged damage, and also to evaluate the scope

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and extent of the alleged damages; and

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(e)

Following the expert disclosure deadline, the parties will need time to depose

all of these expert witnesses.
Dated: February 6, 2015.
SNELL & WILMER

LAW OFFICES OF STEVEN J. PARSONS

/s/ Casey G. Perkins
CASEY G. PERKINS
Nevada Bar. No. 12063

/s/ Joseph N. Mott
JOSEPH N. MOTT
18 Nevada Bar No. 12455
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Attorney for Plaintiffs
L.A. PACIFIC CENTER, INC.

Attorney for Defendant
THE CHARTER OAK FIRE INS. CO.

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2-9-2015

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Law Offices of Steven J. Parsons
7201 W. Lake Mead Blvd., Ste. 108
Las Vegas, Nevada 89128-8354
[phone]; fax [phone]
[e-mail]

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