Chacon-Solis v. State Farm Fire & Casualty Company

Filing 23

ORDER Granting 22 Stipulation to Extend Discovery Deadlines. Discovery due by 12/3/2015. Motions due by 1/4/2016. Proposed Joint Pretrial Order due by 2/3/2016. Signed by Magistrate Judge Carl W. Hoffman on 7/7/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:15-cv-00627-RFB-CWH Document 22 Filed 07/06/15 Page 1 of 4

1 ROBERT W. FREEMAN, ESQ.
Nevada Bar No. 03062
2 Email: [e-mail]
GREGORY S. BEAN, ESQ.
3 Nevada Bar No. 12694
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
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA, SOUTHERN DIVISION

10
11 BRISA ELIZABETH CHACON-SOLIS,
12
13

Plaintiffs,
vs.

14 STATE FARM FIRE & CASUALTY
COMPANY; ROE INSURANCE
15 COMPANY, DOES I through X, and ROE
CORPORATIONS I through X,
16
Defendants.
17
18

CASE NO.: 2:15-cv-00627-RFB-CWH

STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
(FIRST REQUEST)

Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective

19 counsel of record, hereby stipulate and request that this Court extend discovery in the
20 above-captioned case sixty (60) days, up to and including December 3, 2015. In addition,
21 the parties request that the all other deadlines contemplated by the Discovery Plan and
22 Scheduling Order be extended for an additional sixty (60) days as outlined herein. In
23 support of this Stipulation and Request, the parties state as follows:
24

On April 6, 2015, Defendant removed the instant action to Federal Court.

25

2.

On April 13, 2015, Defendant filed its Answer to Complaint.

26

4.

On May 8, 2015, the parties conducted an initial 26(f) conference.

27

LEWIS

1.

5.

On May 13, 2015, the parties prepared and submitted a Stipulated

28

Discovery Plan and Scheduling Order (the “Order”) for the Court’s approval.

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4849-2351-6965.1

Case 2:15-cv-00627-RFB-CWH Document 22 Filed 07/06/15 Page 2 of 4

1

7.

On May 13, 2015, Defendant propounded written discovery upon Plaintiff.

2

6.

On May 14, 2015, the Court entered the Stipulated Order.

3

8.

On May 27, 2015, Plaintiff propounded written discovery upon Defendant.

4

8.

On June 2, 2015, Plaintiff filed her First Amended Complaint.

5

9.

On June 5, 2015, Defendant filed its Answer to First Amended Complaint.

6

10.

On June 15, 2015, Plaintiff served responses to Defendant’s discovery

7
8

requests.
11.

9
10

On June 18, 2015, Defendant served subpoenas on Plaintiff’s medical care
providers, both post- and pre-loss.

12.

11

On June 30, 2015, Plaintiff requested to take the deposition of Defendant’s
FRCP 30(b)(6) witness on various topics.

12 DISCOVERY REMAINING
13

1.

Defendant will respond to written discovery.

14

2.

Defendant will take the deposition of Plaintiff.

15

3.

Plaintiff will take the deposition of Defendant’s representatives.

16

4.

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

17

5.

The parties will disclose expert witnesses.

18

5.

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

19

6.

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

20
21

through discovery.
This Request for an extension of time is not sought for any improper purpose or

22 other purpose of delay. Rather, it is sought by the parties solely for the purpose of
23 allowing sufficient time to conduct discovery.
24 WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED
25

The parties are currently in settlement discussions. A short delay in the discovery

26 deadlines will allow the parties to more fully evaluate the documents and discovery
27 responses submitted thus far in the case to determine if settlement is possible prior to

LEWIS

28 expending great cost on expert witnesses.

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4849-2351-6965.1

2

Case 2:15-cv-00627-RFB-CWH Document 22 Filed 07/06/15 Page 3 of 4

1

Plaintiff noticed the deposition of Defendant’s employee(s), which will produce

2 information that will assist expert witnesses in preparing their reports. Certain of the
3 parties’ expert witnesses have limited availability prior to the current deadline to disclose
4 experts, so much that it is not possible for them to timely complete and submit reports
5 pursuant to the Federal Rules. As the pending discovery and collection of records will
6 assist experts for both parties in making their decisions, a short extension of time is
7 appropriate to allow for a more complete expert witness disclosure.
8

The following is a list of the current discovery deadlines and the parties’ proposed

9 extended deadlines.
10

Scheduled Event

Current Deadline

Proposed Deadline

11

Discovery Cut-off

October 4, 2015

December 3, 2015

12

Deadline to Amend Pleadings July 6, 2015
or Add Parties

No change

Interim Status Report

August 5, 2015

October 2, 2015, or 62
days before the close of
discovery (the 60th day
falling on a Sunday)

Expert Disclosure pursuant to August 5, 2015
Fed R. Civ. P. 26 (a)(2)

October 2, 2015, or 62
days before the close of
discovery (the 60th day
falling on a Sunday)

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

September 4, 2015

November 2, 2015, or 31
days after initial expert
disclosures (the 30th day
falling on a Sunday)

Dispositive Motions

November 3, 2015

January 4, 2016, or 32
days after the close of
discovery (the 30th day
falling on a Saturday)

Joint Pretrial Order

December 3, 2015

February 3, 2016, or 30
days after the decision of
last Dispositive Motions

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15
16
17
18
19
20
21
22
23
24
25
26
27

LEWIS

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4849-2351-6965.1

3

Case 2:15-cv-00627-RFB-CWH Document 22 Filed 07/06/15 Page 4 of 4

1

This Request for an extension of time is not sought for any improper purpose or

2 other purpose of delay. Rather, it is sought by the parties solely for the purpose of
3 allowing sufficient time to conduct discovery in this case and adequately prepare their
4 respective cases for trial.
5

This is the First request for extension of time in this matter.

The parties

6 respectfully submit that the reasons set forth above constitute compelling reasons for the
7 short extension.
8

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

9 period by sixty (60) days from the current deadline of October 4, 2015, up to and including
10 December 3, 2015, and the other discovery dates as outlined in accordance with the table
11 above.
12 DATED this 6th day of July, 2015.

DATED this 6th day of July, 2015.

13 LEWIS BRISBOIS BISGAARD & SMITH

G. DALLAS HORTON & ASSOCIATES

14

/s/

Gregory Bean

/s/

15 ____________________________
ROBERT W. FREEMAN, ESQ.
16 Nevada Bar No. 03062
17 GREGORY S. BEAN, ESQ.
Nevada Bar No. 12694
18 6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
19 Attorneys for Defendant

David Thomas

____________________________
G. DALLAS HORTON, ESQ.
Nevada Bar No. 05996
DAVID L. THOMAS, ESQ.
Nevada Bar No. 03172
4435 South Eastern Avenue
Las Vegas, Nevada 89119
Attorneys for Plaintiff

20
ORDER

21
22 IT IS SO ORDERED:

23 DATED: July 7, 2015
Dated this _____ day of _____________, 2015.
24
25
__________________________________________
UNITED STATES DISTRICT JUDGE
United States Magistrate Judge
UNITED STATES MAGISTRATE JUDGE

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27

LEWIS

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4849-2351-6965.1

4