Cahill v. Kent

Filing 33

ORDER Granting 32 Stipulation to Extend Discovery Deadline for Limited Purpose of Taking Depositions. Signed by Magistrate Judge Carl W. Hoffman on 2/11/16. (Copies have been distributed pursuant to the NEF - PS)

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COGBURN LAW OFFICES
Jamie S. Cogburn, Esq.
Nevada Bar No. 8409
[e-mail]
Joshua A. Dowling, Esq.
Nevada Bar No. 12956
[e-mail]
2879 St. Rose Parkway, Ste. 200
Henderson, Nevada 89052
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT COURT OF NEVADA

2879 St. Rose Pkwy., Ste. 200, Henderson, NV 89052
Phone: [phone] | Fax: [phone]

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JUSTIN M. CAHILL, an individual;
Case Number: 2:15-cv-00468-RFB-CWH
Plaintiff,

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vs.

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LARRY A. KENT, an individual; DOE Individuals
1-10; and ROE Corporations 11-20;

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STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINE FOR
LIMITED PURPOSE OF TAKING
DEPOSITIONS

Defendant.

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Plaintiff, Justin Cahill, by and through his attorney of record, Jamie S. Cogburn, Esq.,

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and Joshua A. Dowling, Esq. of Cogburn Law Offices and Defendant, Larry Kent, by and

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through his attorney of record, George M. Ranalli, Esq. and Lawrence Phillips, Esq. with Ranalli

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& Zaniel and Rahul Kulkami, Esq. of Wilson, Elser Moskowitz Edelman & Dicker, LLP, hereby
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stipulate and agree as follows:
1. NATURE OF THE ACTION:

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This is an action for personal injuries arising from an incident occurring on February 13,

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2013. Defendant operated a Utility Task Vehicle (UTV), with Plaintiff as his passenger, for the

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purpose of performing a test drive. Following said test drive, Defendant attempted to drive the

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over the front of his trailer and roll onto the ground. As a r

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were crushed between the UTV and the ground. Plaintiff was then administered first aid due to

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the immediately apparent severity of his injuries. Thereafter, emergency medical personnel

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arrived and placed Plaintiff on a gurney and transported him via ambulance to the hospital where
he was treated for severe and disfiguring right hand injuries.

Plaintiff claims severe and

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extensive injuries and damages as a result of the subject incident.
2. DISCOVERY THAT HAS BEEN COMPLETED:
The parties have exchanged FRCP 26(f) disclosures of documentary evidence and

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2879 St. Rose Pkwy., Ste. 200, Henderson, NV 89052
Phone: [phone] | Fax: [phone]

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following written discovery and depositions:
Plaintiff, Justin Cahill:
Interrogatories to Defendant Larry Kent;
Defendant Responded

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Supplemental Responses
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Request for Production of Documents to Defendant Larry Kent;
Defendant Responded
Request for Admissions to Defendant Larry Kent; and
Defendant Responded
Supplemental Responses

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Deposition of Defendant, Larry Kent.
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Defendant, Larry Kent:
Interrogatories to Plaintiff, Justin Cahill;

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Plaintiff Responded

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Supplemental Responses

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Request for Production of Documents to Plaintiff, Justin Cahill;

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Page 2 of 6

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Plaintiff Responded

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Supplemental Responses

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Request for Admissions to Plaintiff, Justin Cahill;

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Plaintiff Responded
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Deposition of Plaintiff, Justin Cahill;

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Deposition of Robert Winegarden;

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Deposition of Expert, Bill Uhl;

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Deposition of Expert Stan Smith;

2879 St. Rose Pkwy., Ste. 200, Henderson, NV 89052
Phone: [phone] | Fax: [phone]

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Deposition of Expert Steven Becker; and

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Deposition of Expert Colby Young, M.D.

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3. A SPECIFIC DESCRIPTION OF THE DISCOVERY THAT REMAINS TO
BE COMPLETED.

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Deposition of Expert Carl Williams, Jr.;

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Deposition of PMK of Co-Operators Insurance;
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Deposition of Adjuster of Co-Operators Insurance; and

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Deposition of Expert Timothy Logsdon.

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4. THE REASONS WHY THE DISCOVERY REMAINING WAS NOT
COMPLETED WITHIN THE TIME LIMITS SET BY THE DISCVOERY
ORDER.

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The parties have diligently worked on discovery in this matter. Currently, the discovery

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is set to close on February 11. All depositions were scheduled to take place before the discovery

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deadline; h
deposition as lead counsel for the Plaintiff has been out of the office due to having pneumonia.

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new dates of availability for Timothy Logsdon, which are after the
discovery deadline. The parties agreed the deposition of Timothy Logsdon would take place on
March 30, 2016. Additionally, Plaintif
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the 30(b)(6) and/or adjuster for Co-Operators Insurance based upon the loss or destruction of

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However, recently Defendant disclosed a purported summary

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of the above-mentioned recorded statement which does not identify the documents author or
when it was created. As a result, after lengthy discussions between counsel, it has been agreed

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2879 St. Rose Pkwy., Ste. 200, Henderson, NV 89052
Phone: [phone] | Fax: [phone]

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the depositions of the insurance adjuster who took a recorded statement of Defendant, Larry
Kent and Canadian Co-Operators Insurance FRCP 30(b)(6) witness will be necessary.
5. THE PROPOSED SCHEDULE FOR COMPLETING THE DEPOSITIONS OF
TIMOTHY LOGSDON, THE CORPORATE REPRESENTATIVE FOR
CANADIAN CO-OPERATORS INSURANCE AND THE ADJUSTER FOR
CANADIAN CO-OPERATORS INSURANCE
The parties would like to extend the deadline for discovery to be completed to April 1,

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2016, for the limited purpose of completing the depositions of Timothy Logsdon, Canadian Co12
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Operators

FRCP 30(b)(6) corporate representative, and the adjuster from Canadian

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Co-Operators Insurance

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statement. All other discovery would still be required to be completed by February 11, 2016.

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CURRENT TRIAL DATE:

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There is no current trial date set.

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All parties to this matter have agreed to the above terms of the stipulation and the dates of

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the extension currently sought.
DATED this 10th day of February, 2016

DATED this 10th day of February, 2016

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2879 St. Rose Pkwy., Ste. 200, Henderson, NV 89052
Phone: [phone] | Fax: [phone]

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/s/ Jamie S. Cogburn
Jamie S. Cogburn, Esq.
Nevada Bar No. 8409
Joshua A. Dowling, Esq.
Nevada Bar No. 12956
2879 St. Rose Parkway, Suite 200
Henderson, NV 89052
Attorneys for Plaintiff

/s/ Lawrence R. Phillips
George M. Ranalli, Esq.
Nevada Bar No.: 5748
Lawrence R. Phillips, Esq.
Nevada Bar No.:7138
2400 West Horizon Ridge Parkway
Henderson, NV 89052
Attorneys for Defendant

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DATED this 10th day of February, 2016

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/s/ Rahul Kulkarni
Rahul Kulkarni, Esq.
Nevada Bar No.: 10650
300 South Fourth Street 11th Floor
Las Vegas, Nevada 89101
Attorney for Defendant

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Page 5 of 6

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ORDER
IT IS ORDERED

is granted leave of court to take the depositions of

Timothy Logsdon, the FRCP 30(B)(6) corporate representative for Canadian Co-Operators
Insurance, and the adjuster of Canadian Co-Operators Insurance who authored the document

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IT IS SO ORDERED this ___ day of February, 2016.
Dated: February 11, 2016.

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UNITED STATES MAGISTRATE JUDGE

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2879 St. Rose Pkwy., Ste. 200, Henderson, NV 89052
Phone: [phone] | Fax: [phone]

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SUBMITTED BY:
COGBURN LAW OFFICES

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/s/ Jamie S. Cogburn
Jamie S. Cogburn, Esq.
Nevada Bar No. 8409
Joshua A. Dowling, Esq.
Nevada Bar No. 12956
2879 St. Rose Parkway, Suite 200
Henderson, NV 89052
Attorneys for Plaintiff

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