Amini v. CSAA General Insurance Company

Filing 31

ORDER Granting 28 Stipulation for Extension of Time. Discovery due by 1/8/2016. Motions due by 2/5/2016. Proposed Joint Pretrial Order due by 3/9/2016. Signed by Magistrate Judge Peggy A. Leen on 9/21/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:15-cv-00402-JAD-PAL Document 28 Filed 09/03/15 Page 1 of 6

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NATHAN R. REINMILLER, ESQ.
Nevada Bar No.: 006793
SABRINA G. WIBICKI, ESQ.
Nevada Bar No.: 010669
ALVERSON, TAYLOR,
MORTENSEN & SANDERS
7401 West Charleston Boulevard
Las Vegas, Nevada 89117
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
CSAA General Insurance Company

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
**

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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Case No.: 2:15-cv-00402-JAD-PAL

LANDON AMINI, an individual,
Plaintiff,

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vs.

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CSAA GENERAL INSURANCE COMPANY,
DOES I-V, and ROE CORPORATIONS I-V,
inclusive,

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Defendants.

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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES
(First Request)

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COME NOW, Plaintiff, LANDON AMINI, by and through his attorneys of record,

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Preston Rezaee of The Firm, P.C. and David Sampson of The Law Office of David Sampson,

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LLC, and Defendant, CSAA GENERAL INSURANCE COMPANY, by and through its

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attorneys of record, Nathan R. Reinmiller, Esq. and Sabrina G. Wibicki, Esq. of the law firm

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Alverson, Taylor, Mortensen & Sanders, and hereby submit this Stipulation and Order to Extend
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Discovery Deadlines (First Request).
...
NRR-22324

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Case 2:15-cv-00402-JAD-PAL Document 28 Filed 09/03/15 Page 2 of 6

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GOOD CAUSE EXISTS TO EXTEND DISCOVERY

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Pursuant to Federal Rule of Civil Procedure 26(f) and Local Rule 26-1(d), David
Sampson, Esq., of the Law Office of David Sampson, LLC, attorney for Plaintiff, and Sabrina G.

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Wibicki, Esq., of Alverson, Taylor, Mortensen & Sanders, attorney for Defendant, attended the
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required meet and confer on May 12, 2015. During said meet and confer, the parties agreed to

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make initial disclosures on or before May 26, 2015, and filed a proposed Joint Discovery Plan

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and Scheduling Order setting forth the relevant deadlines.

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follows:

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1.

Last date to amend pleadings and add parties: August 11, 2015

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Last date to file interim status report: September 10, 2015

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Last date to disclose experts pursuant to Fed. R. Civ. P. 26(a)(2): September 10,

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Last date to disclose rebuttal experts: October 12, 2015

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Last date to complete discovery: November 9, 2015

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Last date to file dispositive motions: December 9, 2015

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Last date to file joint pretrial order: January 8, 2016.1

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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On May 29, 2015, the Court signed and entered a Scheduling Order (ECF #17), as

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2015

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Thereafter, Defendant timely served Plaintiff with CSAA General Insurance Company’s

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Initial Disclosure Pursuant to Rule 26(a)(1) on May 26, 2015.
Good cause exists in this case to continue discovery as Plaintiff did not serve his initial

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disclosures until August 19, 2015.

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witnesses, thirty two (32) of whom are identified as non-retained treating physician experts.

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Plaintiff’s Initial Disclosure contains thirty eight (38)

...

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In the event dispositive motions were filed, the parties agreed that the date for filing the joint pretrial order
would be suspended until 30 days after a decision on the dispositive motions.
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Case 2:15-cv-00402-JAD-PAL Document 28 Filed 09/03/15 Page 3 of 6

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Notwithstanding the tardiness of Plaintiff’s Initial Disclosures, Defendant attempted to

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move forward with discovery by serving written discovery, issuing subpoenas for relevant

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records, setting witness Kristin Trueman’s deposition, and attempting to obtain authorizations for

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the release of Plaintiff’s health, employment and tax information. However, because there are
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still outstanding records to be obtained, Defendant has not been able to provide its experts with

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all of the pertinent information in order to issue a timely expert disclosure/report on September

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10, 2015. Thus, the parties request to continue the current discovery deadlines in this matter by

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sixty (60) days in order to effectively litigate the instant case, and to obtain all necessary
information, documents, and testimony.

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DISCOVERY COMPLETED TO-DATE

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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1.

Defendant timely made/served its 26(f) Disclosures on May 26, 2015, while

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Plaintiff served his Initial Disclosures on August 19, 2015.
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Defendant propounded Interrogatories and Requests for Production of Documents

to Plaintiff on August 10, 2015.
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Kristin Trueman’s deposition was previously scheduled for August 27, 2015, but

had to be vacated due to the inability to serve said witness with a subpoena.

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4.

Defendant has subpoenaed records from:

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a.
b.
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f.
g.
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l.
m.
n.

Accident Lending Group, LLC
Aria Resort & Casino, LLC
Bellagio, LLC
Boyd Gaming
Caesars Entertainment Corporation
Las Vegas Athletic Club
Las Vegas Metropolitan Police Department
Mandalay Corp.
MGM Grand Hotel, LLC
MGM Resorts International
Monte Carlo Resort and Casino
Nevada Highway Patrol
Quality Towing
Station Casinos
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Case 2:15-cv-00402-JAD-PAL Document 28 Filed 09/03/15 Page 4 of 6

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o.
p.
q.

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Vdara Condo Hotel, LLC
Venetian Casino Resort, LLC
Wynn Resorts Holdings, LLC

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DISCOVERY REMAINING

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The remaining discovery to be conducted in this matter is as follows:
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Deposition of Plaintiff Landon Amini.

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Deposition of Kristin Trueman.

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Plaintiff’s treating physicians, to be determined given Plaintiff’s identification of

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Other witnesses that may be identified in the above depositions and/or additional

disclosure of documents.

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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these thirty-two (32) witnesses as “experts.”

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The parties may also need to conduct further written discovery based upon the

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receipt of the above testimony and/or disclosure of documents.
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The parties may also need to prepare further subpoenas based upon the receipt of

the above testimony and/or disclosure of documents.
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The retention of appropriate experts.

THE REASONS WHY AN EXTENSION OF DISCOVERY IS NECESSARY

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While Defendant has been diligent in conducting discovery, the issue with Plaintiff’s
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Initial Disclosures has prevented the parties from completing meaningful discovery. As such,

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the parties wish to continue discovery by sixty (60) days in an effort to obtain all necessary

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information, documents, and testimony.

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PROPOSED SCHEDULE

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The parties propose the following new deadlines:

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

Last date to file Interim Status Report: November 9, 2015

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Last date to disclose experts pursuant to Fed. R. Civ. P. 26(a)(2): November 9,

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Case 2:15-cv-00402-JAD-PAL Document 28 Filed 09/03/15 Page 5 of 6

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2015

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Last date to disclose rebuttal experts: December 11, 2015

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Last date to complete discovery: January 8, 2016

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Last date to file dispositive motions: February 5, 2016

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Last date to file joint pretrial order: March 9, 2016. In the event dispositive

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motions are filed, the date for filing the joint pretrial order shall be suspended until 30 days after

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a decision on the dispositive motions.

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DATED this 3rd day of September, 2015.

DATED this 3rd day of September, 2015.

THE FIRM, P.C.

ALVERSON, TAYLOR, MORTENSEN &
SANDERS

/s/ Preston Rezaee
___________________________________
PRESTON REZAEE, ESQ.
Nevada Bar No.: 10729
200 East Charleston Boulevard
Las Vegas, Nevada 89104
Attorney for Plaintiff

/s/ Sabrina Wibicki
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NATHAN R. REINMILLER, ESQ.
Nevada Bar No.: 006793
SABRINA G. WIBICKI, ESQ.
Nevada Bar No.: 010669
7401 West Charleston Boulevard
Las Vegas, Nevada 89117
Attorneys for Defendant

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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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THE FOREGOING IS HEREBY STIPULATED AND AGREED

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DATED this 3rd day of September, 2015.

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THE LAW OFFICE OF DAVID SAMPSON

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IT IS SO ORDERED this 21st day
of September, 2015.

/s/ David Sampson
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DAVID F. SAMPSON, ESQ.
Nevada Bar No.: 6811
200 East Charleston Boulevard
Las Vegas, Nevada 89104
Attorney for Plaintiff

______________________________
Peggy A. Leen
United States Magistrate Judge

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