Williams v. United Services Automobile Association

Filing 20

ORDER Granting 19 Stipulation to Extend Discovery Dates. Discovery due by 12/11/2015. Motions due by 1/12/2016. Proposed Joint Pretrial Order due by 2/10/2016. Signed by Magistrate Judge George Foley, Jr on 6/17/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:14-cv-02092-GMN-GWF Document 19 Filed 06/16/15 Page 1 of 5

1 ROBERT W. FREEMAN, ESQ.
Nevada Bar No. 003062
2 E-Mail: [e-mail]
PAMELA L. MCGAHA, ESQ.
3 Nevada Bar No. 008181
Email: [e-mail]
4 LEWIS BRISBOIS BISGAARD & SMITH LLP
6385 S. Rainbow Boulevard, Suite 600
5 Las Vegas, Nevada 89118
Telephone: [phone]
6 Fax: [phone]

Attorneys for Defendant

7 United Services Automobile
Association Casualty Insurance Company
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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CASE NO. 2:14-cv-02092-GMN-GWF

ROOSEVELT WILLIAMS, individually,

STIPULATION AND ORDER TO EXTEND
DISCOVERY DEADLINE

Plaintiff,
vs.

(SECOND REQUEST)

UNITED SERVICES AUTOMOBILE
15 ASSOCIATION; DOES 1 through 10, ROE
ENTITIES 11 through 20, inclusive jointly
16 and severally,
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Defendants.
Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective
counsel of record, hereby stipulate and request that this Court extend discovery in the
above-captioned case ninety (90) days, up to and including December 11, 2015. In

22 addition, the parties request that the dispositive motions and pretrial order deadlines be
23 extended for an additional ninety (90) days as outlined herein. In support of this
24 Stipulation and Request, the parties state as follows:
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1.

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LEW I
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On December 11, 2014, Defendant removed the instant action to Federal
Court.

2.

On December 11, 2014, Defendant filed its Answer to Plaintiff’s Complaint

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Case 2:14-cv-02092-GMN-GWF Document 19 Filed 06/16/15 Page 2 of 5

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with Federal Court.
3.

On December 29, 2014, Defendant filed its Statement Regarding Removal.

4.

On February 2, 2015, the parties prepared and the Court then entered a

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Discovery Plan and Scheduling Order (the Order).
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disclosures.

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On February 3, 2015, Plaintiff served his initial document and witness

6.

On March 10, Defendant served it’s initial document and witness
disclosures.

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7.

On March 20, 2015, Defendant served written discovery on Plaintiff.

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8.

On April 16, 2015, Plaintiff served written discovery on Defendant.

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DISCOVERY REMAINING
1.

Defendant will take the deposition of Plaintiff.

2.

Plaintiff will take the deposition of Defendant’s representatives.

3.

The parties will collect Plaintiff’s medical and billing records.

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4.

The parties will take the depositions of the designated expert witnesses.

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5.

The parties will take the depositions of Plaintiff’s medical providers.

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6.

The parties will take the depositions of any and all other witnesses garnered

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20 through discovery.
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This Request for an extension of time is not sought for any improper purpose or
other purpose of delay. Rather, it is sought by the parties solely for the purpose of
allowing sufficient time to conduct discovery.
WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED

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The parties are in the process of serving and responding to written discovery

27 requests. The parties anticipate that Defendant will need to collect Plaintiff’s medical

LEW I
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28 records once medical authorizations are provided to Defendant. Since Plaintiff is alleging

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1 significant neurological injuries as a result of the accident, in addition to neck and back
2 injuries, it will be necessary for all medical records to be obtained in order for Defendant
3 to adequately assess expert retention for this case. The parties also anticipate Plaintiff
4 will request to take the deposition of one or more of Defendant’s employees involved in
5 handling Plaintiff’s underinsured motorist claim (“UIM claim”). Defendant’s employees
6 are located out of state, so it will require travel by the parties for the depositions. The
7 parties will also need to schedule the depositions of Plaintiff, Plaintiff’s treating physicians
8 as well as the depositions of any expert witnesses.
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Also, Counsel for Defendants has had an unexpected death in his family that has

10 and will significantly limit his availability. In addition to these family obligations, counsel
11 for defendant has been involved in preparing motions for summary judgment in Shimeka
12 Graham v. City of North Las Vegas, 2-13-cv-1815-KJD-VCF and Plank v. Las Vegas
13 Metropolitan Police Department, 2-12-cv-02205-JCM-PAL.

Additionally, counsel for

14 defendants is preparing an opening brief in Koiro v. Catanese, Appeals Docket No. 1415 17514. Counsel for defendants has been preparing for oral argument in the Nevada
16 Supreme Court in the Eighth Judicial District Court v. Ronald Fox, No. 66114. Finally
17 counsel will be traveling in June and July 2015 for multiple out of state depositions.
The parties have conferred regarding discovery for this case and it appears the

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19 parties can work together to complete the discovery requested with additional time
20 allowed by this court.
Extension or Modification of The Discovery Plan and Scheduling Order. LR 26-4

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22 governs modifications or extension of this discovery plan and scheduling order. Any
23 stipulation or motion must be made no later than twenty-one (21) days before the
24 expiration of the subject deadline, and comply fully with LR 26*-4.
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The following is a list of the current discovery deadlines and the parties’ proposed

2 extended deadlines.
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Scheduled Event

Current Deadline

Proposed Deadline

Discovery Cut-off

September 11, 2015

December 11, 2015

Extension of Discovery
Deadline

June 17, 2015

September 17, 2015

Expert Disclosure pursuant to
Fed R. Civ. P. 26 (a)(2)

July 10, 2015

October 9, 2015

Rebuttal Expert Disclosure
pursuant to Fed. R. Civ. P.
26(a)(2)

August 11, 2015

November 11, 2015

Interim Status Report

July 10, 2015

October 9, 2015

Dispositive Motions

October 12, 2015

January 12, 2016, or at
least thirty (30) days after
the close of discovery

Joint Pretrial Order

November 10, 2015

February 10, 2015, or at
least thirty (30) days after
the decision of last
Dispositive Motions

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This Request for an extension of time is not sought for any improper purpose or
other purpose of delay. Rather, it is sought by the parties solely for the purpose of
allowing sufficient time to conduct discovery in this case and adequately prepare their
respective cases for trial.
This is the First request for extension of time in this matter. The parties

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21 respectfully submit that the reasons set forth above constitute compelling reasons for the
22 short extension.
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Case 2:14-cv-02092-GMN-GWF Document 19 Filed 06/16/15 Page 5 of 5

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WHEREFORE, the parties respectfully request that this Court extend the discovery

2 period by ninety days (90) days from the current deadline of September 11, 2015 up to
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and including December 11, 2015 and the other discovery dates as outlined in
accordance with the table above.

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DATED this 16th day of June, 2015.

DATED this 16th day of June, 2015.

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LEWIS BRISBOIS BISGAARD & SMITH

RICHARD HARRIS LAW FIRM

/s/ Robert W. Freeman
Robert W. Freeman, Jr., Esq.
Nevada Bar No. 3062
Pamela L. McGaha, Esq.
Nevada Bar No. 8181
6385 S. Rainbow Blvd., Suite 600
Las Vegas, Nevada 89118
Attorneys for Defendant
State Farm Mutual Insurance Company

/s/ A.J. Sharp
A.J. Sharp, Esq.
Nevada Bar No. 11457
801 S. Fourth Street
Las Vegas, Nevada 89101
Attorneys for Plaintiff

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ORDER

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IT IS SO ORDERED.

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June
Dated this 17th day of ______________, 2015.
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______________________________
GEORGE FOLEY, JR.
U.S. DISTRICT COURT JUDGE
United States Magistrate Judge
U.S. MAGISTRATE JUDGE

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