Traynor v. Colorado Casualty Insurance Company et al

Filing 46

ORDER that Plaintiff shall have until February 14, 2017 to file a response to 39 Defendant United Financial Casualty Company dba Progressive Insurance Company's Motion to Strike (in Part) Dr. Gross's Neurosurgical Supplemental Report Med ical Life Care Plan. FURTHER ORDERED that 40 United Financial Casualty Company's Motion for Hearing Date of February 7, 2017,9:00 a.m. is DENIED. The court will decide the motion on the parties' papers without a further hearing. Signed by Magistrate Judge Peggy A. Leen on 2/8/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MICHAEL TRAYNOR,

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v.
COLORADO CASUALTY
COMPANY, et al.,

Case No. 2:16-cv-00251-JCM-PAL
Plaintiff,

ORDER
(Mot. Strike – ECF No. 39)
(Mot for Hearing – ECF No. 40)

INSURANCE
Defendants.

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Before the court is Defendant United Financial Casualty Company dba Progressive

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Insurance Company’s Motion to Strike (in Part) Dr. Gross’s Neurosurgical Supplemental Report

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Medical Life Care Plan – Dated January 17, 2017 (ECF No. 39), and Motion for Hearing Date of

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February 7, 2017, 9:00 a.m. (ECF No. 40). Both motions were filed January 30, 2017.

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The court conducted a hearing on February 7, 2017, on Defendant United Financial

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Casualty Company’s Motions to Strike (ECF Nos. 30, 31). The third motion to strike is related to

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the first two and counsel requested that all three motions be heard at the same time, before the

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deadline for filing a response to the third motion expired. At the hearing the court granted the fully

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briefed motions to strike finding that the supplemental expert report of Dr. Gross and supplemental

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designation of Dr. Clauretie as an expert were filed months after the deadline for disclosing expert

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reports and were therefore untimely, and that Plaintiff had not shown that the late disclosures were

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substantially justified or harmless. The third motion to strike involves yet another untimely expert

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disclosure from Dr. Gross dated January 17, 2017, more than 4 months after the deadline for

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disclosing expert reports.

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The court has more than 100 pending motions in more than 600 cases on the docket, and

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lacks the time or resources to drop everything to order expedited briefing and be prepared for yet
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another motion within a week of filing while other litigants are waiting for decisions on their

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motions.

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Having reviewed and considered the matter,

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IT IS ORDERED that:

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1. Plaintiff shall have until February 14, 2017 to file a response to Defendant United

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Financial Casualty Company dba Progressive Insurance Company’s Motion to Strike

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(in Part) Dr. Gross’s Neurosurgical Supplemental Report Medical Life Care Plan (ECF

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No. 39)

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2. United Financial Casualty Company’s Motion for Hearing Date of February 7, 2017,

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9:00 a.m. (ECF No. 40) is DENIED. The court will decide the motion on the parties’

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papers without a further hearing.

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DATED this 8th day of February, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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