Kolojay et al v. Hartford Financial Services Group, Inc.

Filing 23

ORDER Granting 22 Stipulation to Extend Deadlines. Discovery due by 5/3/2016. Motions due by 6/2/2016. Proposed Joint Pretrial Order due by 7/4/2016. Signed by Magistrate Judge George Foley, Jr on 10/6/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:15-cv-00679-GMN-GWF Document 22 Filed 10/05/15 Page 1 of 5

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DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
WILLIAM S. HABDAS, ESQ.
Nevada Bar No. 13138
AKERMAN LLP
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant, Hartford Fire
Insurance Company

AKERMAN LLP

UNITED STATES DISTRICT COURT

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1160 Town Center Drive, Suite 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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DISTRICT OF NEVADA

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TODD E. KOLOJAY, Individually; and JASON
D. BEEBE, Individually,

Case No.: 2:15-cv-00679-GMN-GWF

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Plaintiffs,
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v.

STIPULATION TO EXTEND
DISCOVERY PLAN AND SCHEDULING
ORDER DEADLINES BY 90 DAYS

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HARTFORD FIRE INSURANCE COMPANY;
DOES I through X; and ROE CORPORATIONS
I through X, inclusive,

(Third Request)

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Defendants.

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Defendant Hartford Fire Insurance Company (Hartford) and plaintiffs Todd E. Kolojay and

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Jason D. Beebe respectfully submit the following stipulation requesting a 90-day extension of the

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current scheduling order deadlines.

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I.

INTRODUCTION.

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The dispute arises out of a commercial automobile insurance policy. Plaintiffs filed suit

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alleging breach of contract, bad faith, and violation of the unfair claims practices act. On April 7,

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2015, Hartford filed its answer to the plaintiffs' complaint. On April 14, 2015, Hartford removed

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this matter to federal court. ECF No. 1. A discovery plan and scheduling order was entered on May

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19, 2015. ECF No. 11. On July 9, 2015, the court granted the parties a 90-day extension to

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discovery deadlines. ECF No. 19. On August 31, 2015, the court granted the parties an additional

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30-days in order to allow for the mediation. ECF No. 21.
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Case 2:15-cv-00679-GMN-GWF Document 22 Filed 10/05/15 Page 2 of 5

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II.

DISCOVERY STATUS.

A.

1. Hartford served its Initial Disclosure of Documents and Witnesses on May

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20, 2015.

2. Plaintiffs served their Initial Disclosure of Documents and Witnesses on

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May 21, 2015.

3. Hartford served its First Set of Requests for Production of Documents on

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June 9, 2015.

4. Hartford served its First Set of Interrogatories on June 9, 2014.

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5. Hartford served its Second Set of Requests for Production of Documents on

AKERMAN LLP

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1160 Town Center Drive, Suite 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

Discovery that has been completed.

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June 18, 2015.

6. Plaintiffs served their First Set of Requests for Production of Documents on

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July 16, 2015.

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7. Plaintiffs served their First Set of Interrogatories on July 17, 2015.

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8. Plaintiffs served their responses to Hartford's First Set of Requests for

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Production of Documents on July 20, 2015.

9. Plaintiffs served their answers to Hartford's First Set of Interrogatories on

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July 20, 2015.

10. Plaintiffs served their responses to Second Set of Requests for Production of

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Documents on July 21, 2015.

11. Hartford served its first supplemental disclosure of documents and witnesses

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on September 11, 2015.

12. Hartford served its answers to Kolojay's First Set of Interrogatories on

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September 17, 2015.

13. Hartford served its responses to Kolojay's First Set of Request for

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Production on September 17, 2015.

14. Hartford served its answers to Beebe's First Set of Interrogatories on

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September 17, 2015.
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Case 2:15-cv-00679-GMN-GWF Document 22 Filed 10/05/15 Page 3 of 5

15. Hartford served its responses to Beebe's First Set of Request for Production

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on September 17, 2015.

16. Plaintiffs served their supplemental disclosures on September 21, 2015.

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B.

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Discovery that remains.

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1. Expert disclosures;

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2. Collection of additional outstanding medical records for plaintiffs;

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3. Receipt of Kolojay's tax records from the IRS;

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4. Neuropsychological exam of Kolojay;

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5. Orthopedic consult/medical examination of Kolojay;

AKERMAN LLP

1160 Town Center Drive, Suite 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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6. Depositions of plaintiffs' treating physicians;

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7. Deposition of Expert Witness;

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8. Plaintiffs' depositions (and follow-up discovery on any new issues that arise

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at the deposition);

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The parties reserve the right to take additional discovery during the time frames outlined
below should the need arise.

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Hartford is in the process of obtaining a complete set of plaintiffs' medical records, and other

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documents through third-party discovery, which may lead to discovery of additional percipient

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witnesses and further direct its discovery efforts. Additionally, Hartford has requested Kolojay's tax

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records from the IRS. This process is expected to take some time. Plaintiffs’ remaining discovery

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includes possible depositions of Hartford's Rule 30(b)(6) designee(s), depositions of the claims

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handlers, and depositions of Hartford's expert witness. The parties may also issue follow-up written

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discovery requests and third-party discovery as their discovery efforts continue.

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C.

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There are no motions currently pending before the court.

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III.

Pending Motions.

REASON WHY EXTENSION IS REQUIRED.

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The parties attended a mediation for Judge Porter on September 23, 2015. Unfortunately, the

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mediation was not successful. The parties have continued to diligently pursue discovery in this case;

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however, it is a large case, and efforts previously were primarily aimed at possible settlement. The
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Case 2:15-cv-00679-GMN-GWF Document 22 Filed 10/05/15 Page 4 of 5

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collection of medical and tax records, expert disclosures, and medical examinations, and depositions

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are expected to take longer than is currently allocated for discovery. The parties believe that an

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additional 90-days of discovery should allow the parties sufficient time to complete discovery.

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IV.

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PROPOSED SCHEDULE.
1. Discovery Cut-Off Date. The parties agree that discovery will be extended 90 days from

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February 3, 2016, to May 3, 2016.

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2. Experts.

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a. Initial Experts: Wednesday, February 3, 2016. (90 days before the discovery cut-off date).

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b. Rebuttal Experts: Friday, March 4, 2016. (30 days after initial expert disclosure)

AKERMAN LLP

1160 Town Center Drive, Suite 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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3. Amending the Pleadings and Adding Parties: Wednesday, February 3, 2016. (not later than

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90 days before the close of discovery).

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4. Interim Status Report. The parties shall file the interim status report required by LR 26-3 by

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Friday, March 4, 2016. The undersigned counsel certify that they have read LR 26-3 and

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that this date is not later than sixty days before the proposed discovery cut-off date.

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5. Dispositive Motions. The parties shall have until Thursday, June 2, 2016 to file dispositive

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motions, which is thirty days after the discovery cut-off date.

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6. Pretrial Order. The pretrial order shall be filed by Monday, July 4, 2016, which is thirty-two

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days after the date set for filing dispositive motions in the case. (30 days falls on a weekend).

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In the event a timely dispositive motion is filed, the deadline to submit the pretrial order shall

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be suspended until thirty days after a decision on such motion.

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The parties believe that the 90 day extension is necessary and appropriate to provide

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sufficient time to conduct discovery regarding the plaintiff's claim for substantial damages.

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…

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…

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…
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Case 2:15-cv-00679-GMN-GWF Document 22 Filed 10/05/15 Page 5 of 5

Todd E. Kolojay and Jason D. Beebe v. Hartford Fire Insurance Co.
2:15-cv-00679-GMN-GWF

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DATED this 5th day of October, 2015.

DATED this 5th day of October, 2015.

MAINOR WIRTH LLP

AKERMAN LLP

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By:/s/ Bradley S. Mainor
Bradley S. Mainor, Esq.
Joseph J. Wirth, Esq.
6018 S. Fort Apache, Suite 150
Las Vegas, Nevada 89148

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Attorneys for Plaintiffs

By: /s/ William S. Habdas
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
WILLIAM S. HABDAS, ESQ.
Nevada Bar No. 13138
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144

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Attorneys for Defendant Hartford Fire Insurance
Company

AKERMAN LLP

1160 Town Center Drive, Suite 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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IT IS SO ORDERED:

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_______________________________________
UNITED STATES MAGISTRATE JUDGE

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October 6, 2015
DATED:_______________________________

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