Corbosiero v. Universal Health Services, Inc. et al

Filing 22

ORDER Granting 21 Stipulation to Extend Deadlines (First Request). (see Order for specific deadlines). Signed by Magistrate Judge Carl W. Hoffman on 10/17/2016. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-00834-JCM-CWH Document 21 Filed 10/14/16 Page 1 of 4

1
2
3
4
5

Julie A. Mersch, Esq.
Nevada Bar No. 004695
LAW OFFICE OF JULIE A. MERSCH
701 S.7th Street
Las Vegas, NV 89101
[phone]
[e-mail]
Attorney for Plaintiff Patricia Corbosiero

6

UNITED STATES DISTRICT COURT

7
8
9
10
11
12
13
14
15
16
17
18

DISTRICT OF NEVADA
PATRICIA CORBOSIERO,

)
)
Plaintiff,
)
)
vs.
)
)
UNIVERSAL HEALTH SERVICES, INC., )
)
as Plan Administrator for the Universal
)
Health Services, Inc. Group Supplemental
)
Dependent Life and Accidental Death and
)
Dismemberment Plan for employees of
)
Universal Health Services, Inc. (“Plans”);
)
HARTFORD LIFE AND ACCIDENT
)
INSURANCE CO., as Claims Administrator )
for the Plans; DOES I through X, and ROE )
)
CORPORATIONS I through X, inclusive,
)
)
Defendants.
)

19
20
21
22
23
24
25
26

CASE NO.: 2:16-cv-00834-JCM-CWH
STIPULATION AND ORDER TO
EXTEND DEADLINES
(FIRST REQUEST)

IT IS HEREBY STIPULATED by the parties hereto, by and through their
undersigned counsel of record that, pursuant to LR 26-4, the Scheduling Order (Doc. # 20) be
amended as follows:
I.

Discovery Completed
Defendant HARTFORD LIFE AND ACCIDENT INSURANCE CO. (HARTFORD)

produced its ERISA Administrative Record (AR) to Plaintiff for her review on September 1,
2016. Defendant UNIVERSAL HEALTH SERVICES, INC. (UHS) produced relevant
documents to Plaintiff on September 14, 2016. Plaintiff CORBOSIERO notified

STIPULATION AND ORDER TO EXTEND DEADLINES (First Request)

1

Case 2:16-cv-00834-JCM-CWH Document 21 Filed 10/14/16 Page 2 of 4

1

UHS as to her position regarding permissible ERISA discovery on September 30, 2016.

2

The mediation between Plaintiff and HARTFORD scheduled for October 11, 2016

3

did not take place because Plaintiff was affected by Hurricane Matthew and was unable to

4

travel to Las Vegas in time for the mediation. The mediation has now been rescheduled for

5

January 24, 2017 with the same mediator, Honorable Lawrence Leavitt (Ret.). This was the

6

earliest possible date that all parties and the mediator were available for the mediation.

7

II.

8
9

Discovery Remaining and Reason for Request for Extension
The current upcoming deadline for Plaintiff CORBOSIERO to notify Defendant

HARTFORD as to the content of Hartford’s AR and any ERISA discovery is October 25,

10

2016. In the interest of judicial economy, Plaintiff CORBOSIERO and Defendant

11

HARTFORD propose that all remaining deadlines between them be extended beyond the

12

January 24, 2017 mediation to allow for possible settlement.

13

Plaintiff’s dispositive motion regarding her second cause of action against Defendant

14

UHS is currently due by November 4, 2016. Plaintiff and UHS are currently attempting to

15

resolve this claim and therefore propose that all briefing deadlines be extended 30 days.

16

III.

Proposed Discovery Schedule

17

A. Plaintiff’s first cause of action against Hartford:

18

Plaintiff CORBOSIERO and Defendant HARTFORD propose the following deadline

19

extensions regarding Plaintiff’s First Cause of Action against Defendant HARTFORD (Doc

20

#20, ¶¶ III.A through III.D):

21

Description:

Current Deadline:

Proposed:

22

Plaintiff to notify Defendant Hartford
as to the content of AR and any additional
discovery

10/25/16

01/27/17

Deadline to serve discovery that the
parties agree is permissible

11/22/16

02/24/17

Filing of Simultaneous Discovery
Motions

12/02/16

03/10/17

23
24
25
26

STIPULATION AND ORDER TO EXTEND DEADLINES (First Request)

2

Case 2:16-cv-00834-JCM-CWH Document 21 Filed 10/14/16 Page 3 of 4

1

Plaintiff’s Dispositive ERISA Motion
under Rule 52 and/or 56

12/16/16

03/24/17

Hartford’s Opposition to Dispositive
Motion

01/20/17

04/21/17

3
4

Plaintiff’s Reply

02/03/17

05/05/17

5

B. Plaintiff’s second cause of action against UHS:

6

Plaintiff CORBOSIERO and Defendant UHS propose a 30-day extension of their

2

7

remaining deadlines (Doc #20, ¶ IV.D):

8

Description:

Current Deadline:

Proposed:

9

Plaintiff’s Dispositive Motion under
Rule 52 and/or 56

11/04/16

12/02/16

UHS’s opposition to Dispositive
Motion

12/09/16

01/09/17

11
12

Plaintiff’s Reply

12/30/16

01/30/17

13

We, the undersigned, represent to the Court that this request for extension is made in

10

14
15

good faith and not for purposes of delay.
WHEREFORE, the parties jointly request that this Court adopt the proposed

16

scheduling as indicated above.

17

DATED: October 14, 2016

18

LAW OFFICE OF JULIE A. MERSCH
By:

19
20
21

/s/ Julie A. Mersch
JULIE A. MERSCH
[e-mail]
Nevada Bar No.: 004695
701 S. 7th Street
Las Vegas, NV 89101
Attorney for Plaintiff Patricia
Corbosiero

22
23
24

DATED: October 14, 2016

FORD HARRISON
By:

25
26

STIPULATION AND ORDER TO EXTEND DEADLINES (First Request)

/s/ Tiffany D. Downs
TIFFANY D. DOWNS
[e-mail]
271 17th Street NW, Ste. 1900
Atlanta, GA 30363

3

Case 2:16-cv-00834-JCM-CWH Document 21 Filed 10/14/16 Page 4 of 4

1

4

Eric Stryker, Esq.
[e-mail]
Nevada Bar No. 5793
Wilson, Elser, Moskowitz,
Edelman & Dicker, LLP
300 S. 4th Street, 11th Floor
Las Vegas, NV 89101

5

Attorneys for Defendant UHS

2
3

6
7

DATED: October 14, 2016

LEWIS ROCA ROTHGERBER CHRISTIE
By:

8
9
10

/s/ Ann-Martha Andrews
ANN-MARTHA ANDREWS
[e-mail]
Nevada Bar No. 7585
3993 Howard Hughes Pkwy., Ste. 600
Las Vegas, Nevada 89169
Attorneys for Defendant HARTFORD

11
IT IS SO ORDERED.
12
13
14
15

17th
Dated this ____ day of October, 2016.

____________________________________
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26

STIPULATION AND ORDER TO EXTEND DEADLINES (First Request)

4