Gonzales v. State Farm Mutual Automobile Insurance Company

Filing 14

ORDER Granting 13 Stipulation to Extend Discovery Deadlines. Discovery due by 11/13/2015. Motions due by 12/22/2015. Proposed Joint Pretrial Order due by 1/19/2016. Signed by Magistrate Judge Carl W. Hoffman on 7/6/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:15-cv-00428-GMN-CWH Document 13 Filed 07/02/15 Page 1 of 3

1 ROBERT W. FREEMAN, ESQ.
Nevada Bar No. 003062
2 Email: [e-mail]
DANIELLE C. MILLER, ESQ.
3 Nevada Bar No. 009127
Email: [e-mail]
4 LEWIS BRISBOIS BISGAARD & SMITH LLP
6385 S. Rainbow Boulevard, Suite 600
5 Las Vegas, Nevada 89118
702.893.3383
6 FAX: [phone]
Attorneys for Defendant
7 State Farm Mutual Automobile
Insurance Company
8
9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11 TERESITA GONZALES, an individual;
12

Plaintiff,

13

vs.

14 STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, an Illinois
15 Company; DOES I through X; and ROE
CORPORATIONS XI through XX,
16
Defendants.
17
18

CASE NO.: 2:15-cv-00428-GMN-CWH
STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
(FIRST REQUEST)
SUBMITTED IN COMPLIANCE WITH LR
26-1(e)

Defendant, State Farm Mutual Automobile Insurance Company (“State Farm”), and

19 Plaintiff, Teresita Gonzales, by and through their respective counsel, and pursuant to
20 Local Rule 26-4, stipulate to modify their discovery plan as follows:
21

1.

Plaintiff filed her Complaint in the District Court for Clark County, Nevada on

22 February 5, 2015. State Farm removed the action to this Court on March 11, 2015 (Doc.
23 1).
24

2.

State Farm filed its answer to the Complaint on March 11, 2015 (Doc. 5).

25

3.

The parties held their F.R.C.P. 26 conference on March 31, 2015 and filed

26 their initial Stipulated Discovery Plan and Scheduling Order in compliance with F.R.C.P.
27 26(f) and LR 26-1(e) on April 1, 2015 (Doc. 10). In this initial discovery plan, the parties

LEWIS

28 agreed to the following dates:

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4823-6538-6277.1

Case 2:15-cv-00428-GMN-CWH Document 13 Filed 07/02/15 Page 2 of 3

1

Last day of discovery:

September 15, 2015

2

Last day to amend/add:

June 26, 2015

3

Initial expert disclosure:

July 27, 2015

4

Rebuttal expert disclosure:

August 26, 2015

5

Dispositive motions filed:

October 23, 2015

6

Joint pre-trial order:

November 20, 2015

7

This initial discovery plan was signed by United States Magistrate Judge Carl W.

8 Hoffman on April 21, 2015 (Doc. 12).
9

4.

In compliance with Local Rule 26-4, the parties provide the following

10 information regarding the discovery status:
11

a.

Discovery Completed: The parties have exchanged initial disclosures

12 of witnesses and documents, have served written discovery and conducted Plaintiff’s
13 deposition.

State Farm is still in the process of independently obtaining Plaintiff’s

14 voluminous medical records from her medical providers arising out of the subject accident
15 and providing them to State Farm’s medical expert for review.
16

b.

Discovery that remains to be completed: Additional time is needed for State

17 Farm to obtain Plaintiff’s relevant pre and post accident medical records. Additional
18 depositions of Plaintiff’s treating physicians may also be necessary, depending on further
19 information provided in records that State Farm is still in the process of obtaining.
20 Additional time is also needed for State Farm to conduct Plaintiff’s Independent Medical
21 Examination.
22

c.

Reasons why discovery was not completed: The parties’ current Discovery

23 Plan and Scheduling Order (Doc. 12) does not provide sufficient time to allow State Farm
24 to obtain all of Plaintiff’s medical records, or to complete Plaintiff’s Independent Medical
25 Examination.

Additional time for discovery is necessary to avoid prejudice and to

26 facilitate a fair and just investigation of Plaintiff’s alleged injuries and with respect to
27 Plaintiff’s claims against State Farm.

LEWIS

28 / / /

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4823-6538-6277.1

2

Case 2:15-cv-00428-GMN-CWH Document 13 Filed 07/02/15 Page 3 of 3

1

d.

Proposed schedule for completion of remaining discovery (extension of

2 remaining deadlines by approximately 60 days):
3

Last day of discovery:

November 13, 2015

4

Last day to amend/add:

August 25, 2015

5

Initial expert disclosure:

September 25, 2015

6

Rebuttal expert disclosure:

October 23, 2015

7

Dispositive motions filed:

December 22, 2015

8

Joint pre-trial order:

January 19, 2016

9

DATED this 2nd day of July, 2015.

10

LEWIS BRISBOIS BISGAARD & SMITH

11

By

12

14
15
16
17
DATED this 2nd day of July, 2015.

19

JAMES KWON, LLC

20

By

21

23
24
IT IS SO ORDERED:

26

____________________________________
UNITED STATES MAGISTRATE JUDGE

27

LEWIS

/s/ James Kwon
JAMES W. KWON, ESQ.
Nevada Bar No. 008146
5808 W. Spring Mountain Road, #107
Las Vegas, Nevada 89146
Telephone: [phone]
Attorneys for Plaintiff

22

25

/s/ Danielle C. Miller
ROBERT W. FREEMAN, ESQ.
Nevada Bar No. 003062
DANIELLE C. MILLER, ESQ.
Nevada Bar No. 009127
6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
Telephone: [phone]
Attorneys for Defendant State Farm Mutual
Automobile Insurance Company

13

18

July 6, 2015
DATED: ________________________

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

LLP

4823-6538-6277.1

3