Centex Homes v. Zurich American Insurance Company et al

Filing 63

ORDER Granting 62 Stipulation to Lift Stay and Proposed Discovery Plan/Scheduling Order. Discovery due by 6/25/2018. Motions due by 7/24/2018. Proposed Joint Pretrial Order due by 8/23/2018. Signed by Magistrate Judge Carl W. Hoffman on 12/1/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-01634-GMN-CWH Document 62 Filed 11/29/17 Page 1 of 5

1 Scott S. Thomas, NV Bar No. 7937
[e-mail]
2 Sarah J. Odia, NV Bar No. 11053
[e-mail]
3 PAYNE & FEARS LLP
6385 S. Rainbow Blvd, Suite 220
4 Las Vegas, NV 89118
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for CENTEX HOMES
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
[phone]

PAYNE & FEARS LLP

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CENTEX HOMES, a Nevada general
partnership,
Plaintiff,

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v.
ZURICH AMERICAN INSURANCE
COMPANY, an Illinois corporation;
EVEREST NATIONAL INSURANCE
COMPANY, a Delaware corporation;
UNDERWRITERS AT LLOYDS LONDON,
a London corporation; LEXINGTON
INSURANCE COMPANY, a Delaware
corporation; ADMIRAL INSURANCE
COMPANY, a New Jersey corporation,

Case No. 2:16-cv-01634-GMN-CWH
STIPULATION TO LIFT STAY; AND
STIPULATED [PROPOSED]
DISCOVERY PLAN AND SCHEDULING
ORDER
SPECIAL SCHEDULING REVIEW
REQUESTED

Defendants.

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The above-named parties, by and through their respective counsel of record, hereby

22 stipulate and agree to lift the stay of discovery in the above-captioned litigation that was entered
23 by the Court on December 21, 2016. (ECF No. 28). The Court stayed discovery pending a ruling
24 on Lexington Insurance Company’s (“Lexington”) motion to dismiss Centex Homes’ (“Centex”)
25 complaint (ECF No. 11). Lexington’s motion was denied in part, granted in part with leave to
26 Centex to amend its complaint on September 29, 2017. (ECF No. 48). On October 13, 2017,
27 Centex filed an amended complaint. (ECF No. 50). Prior to the stay being entered, the parties had
28 not performed any discovery. Now that the Court has issued a ruling on Lexington’s motion, there

Case 2:16-cv-01634-GMN-CWH Document 62 Filed 11/29/17 Page 2 of 5

1 is no reason to continue the stay of discovery in this case. The parties therefore stipulate to lift the
2 stay.
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The parties further hereby submit their Stipulated Discovery Plan and Scheduling Order

4 pursuant to Fed. R. Civ. P. 26(f), Local Rule 26-1 for the Court’s approval.
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1.

6

Pursuant to Fed. R. Civ. P. 26(f) and LR 26-1, a meeting was held telephonically on,

Meeting.

7 December 2, 2016 and was attended by: Sarah Odia for Centex Homes, Josh Zlotlow for
8 Lexington Insurance Company, Benjamin Carman for Interstate Fire & Casualty Company, David
9 Astengo for Everest National Insurance Company, and Ramiro Morales for Zurich American

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ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
[phone]

PAYNE & FEARS LLP

10 Insurance Company.
2.

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The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) no later than

Initial Disclosures.

13 December, 15 2017.
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3.

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The parties jointly propose to the Court the following discovery plan:

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Subject of Discovery. Discovery will be needed on all issues raised in Centex’s

Discovery Plan.

17 Complaint and the parties' defenses, including, affirmative defenses, including but not limited to
18 the following subjects: Centex’s claims for breach of contract, breach of the covenant of good
19 faith and fair dealings, declaratory relief, breach of Nevada’s Unfair Claims Practices Act;
20 damages, including computations and amounts, and information relating to all potentially
21 applicable insurance available to Centex
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Should discovery be phased, limited or focused: Not at this time, with the exception that

23 discovery directed at issues pertaining to bad faith and/or punitive damages should be deferred
24 until after resolution of the remaining claims, but each party reserves the right to make a motion of
25 the Court on this issue at any time.
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Disclosure of electronically-stored information (“ESI”): All disclosures and/or

27 productions of documents will be served in electronic format on CD-ROM or DVD-ROM in .pdf
28 or .tiff format.
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Case 2:16-cv-01634-GMN-CWH Document 62 Filed 11/29/17 Page 3 of 5

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4.

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As required by LR 26-1(b )(1), the first defendant appeared on October 19, 2016, the date

Discovery Cut-Off Date.

3 on which Lexington filed its motion to dismiss Centex’s complaint (ECF No. 19). However,
4 discovery was stayed on December 21, 2016. (ECF No. 28). The parties performed no discovery
5 prior to the stay. Centex’s amended complaint was filed on October 13, 2017. (ECF No. 15). The
6 first answer to Centex’s amended complaint was filed on October 27, 2017. (ECF No. 53). The
7 parties require 180 days from the date on which the first answer to Centex’s amended complaint
8 was filed to perform discovery. Discovery shall close on June 25, 2018.
9

Amending the Pleadings and Adding Parties.

The parties shall have until March 26, 2018 to amend pleadings or add parties. This is

11 ninety days prior to the close of discovery.
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
[phone]

PAYNE & FEARS LLP

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5.

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6.

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Disclosures identifying experts and final expert reports shall be made by April 25, 2018.

Fed. R. Civ. P. 26(a)(2) Disclosure (Experts).

14 This is 60 days before the discovery cut-off date. Rebuttal expert disclosures shall be made by
15 May 25, 2018. This is 30 days after the initial disclosure of experts.
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7.

Dispositive Motions.

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The parties shall have until July 24, 2018 to file dispositive motions. This is 30 days after

18 the close of discovery.
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8.

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The Joint Pretrial Order shall be filed no later than August 23, 2018. This is less than thirty

Pretrial Order.

21 (30) days after the date set for the filing of dispositive motions. In the event dispositive motions
22 are filed, the date for filing the Joint Pretrial Order shall be suspended until thirty (30) days after
23 decision on the dispositive motions or by further order of the Court. The disclosures required by
24 Fed. R. Civ. P. 26(a)(3) and any objections to them must be included in the joint pretrial order.
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9.

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The parties will proceed to engage in and supplement all discovery as permitted under the

Stipulations Regarding Limitations or Conditions or Additional Discovery.

27 Federal Rules of Civil Procedure and Local Court Rules of the District Court of Nevada,
28 including, but not limited to depositions, interrogatories, requests for production of documents,
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Case 2:16-cv-01634-GMN-CWH Document 62 Filed 11/29/17 Page 4 of 5

1 requests for admissions and expert disclosures.
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10.

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A copy of this discovery plan and scheduling order shall be served on any person served

Later Appearing Parties.

4 after it is entered, or, if additional Defendants shall appear, within five (5) days of their first
5 appearance. This discovery plan and scheduling order shall apply to such later-appearing parties,
6 unless the Court, on motion and for good cause shown, orders otherwise.
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11.

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Applications to extend any date set by the discovery plan/scheduling order shall be

Extension or Modification of the Discovery Plan and Scheduling Order.

9 received by the Court twenty-one (21) days before the date fixed for completion of discovery, or

11 approved by the Court.
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
[phone]

PAYNE & FEARS LLP

10 within twenty-one (21) days before the expiration of any extension thereof that may have been

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The undersigned attorneys affirm they have met and conferred about the possibility of

Alternative Dispute Resolution/Mediation.

14 using alternative dispute resolution processes, including arbitration and mediation.
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Alternative Forms of Case Disposition. The undersigned parties certify that they

have considered consent to trial by a magistrate judge under 28 U.S.C. §63(c) and Fed. R. Civ. P.
73 and the use of the Short Trial Program.

Dated: November 29, 2017

Dated: November 29, 2017

PAYNE & FEARS LLP

HEROLD & SAGER

By: /s/ Sarah J. Odia

By:

Scott S. Thomas, Esq.
Sarah J. Odia, Esq.
6385 S. Rainbow Blvd, Suite 220
Las Vegas, NV 89118
Telephone: [phone]
Attorneys for Plaintiff CENTEX HOMES

/s/ Joshua Zlotlow
Joshua Zlotlow, Esq.
3960 Howard Hughes Pkwy, Suite 500
Las Vegas, NV 89169
Telephone: [phone]

Attorneys for Defendant LEXINGTON
INSURANCE COMPANY

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Case 2:16-cv-01634-GMN-CWH Document 62 Filed 11/29/17 Page 5 of 5

1 Dated: November 29, 2017

Dated: November 29, 2017

2 MORALES FIERRO& REEVES

SELMAN BREITMAN LLP

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By:

/s/ Ramiro Morales

By:

Ramiro Morales, Esq.
600 S. Tonopah Drive, Ste. 300
Las Vegas, NV 89106
Telephone: [phone]

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/s/ David A. Astengo
David A. Astengo, Esq.
3993 Howard Hughes Pkwy., Suite 200
Las Vegas, NV 89169
Telephone: [phone]

7 Attorneys for Defendant ZURICH AMERICAN
Attorneys for Defendant EVEREST
INSURANCE COMPANY
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NATIONAL INSURANCE COMPANY
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11 ROPERS, MAJESKI, KOHN & BENTLEY
ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
[phone]

PAYNE & FEARS LLP

10 Dated: November 29, 2017

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By:

/s/ Timothy J. Lepore
Timothy J. Lepore, Esq.
3755 Howard Hughes Parkway, Ste. 200
Las Vegas, NV 89123
Telephone: [phone]

16 Attorneys for Defendant CERTAIN
UNDERWRITERS AT LLOYDS LONDON
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ORDER

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IT IS SO ORDERED.
December 1, 2017
21 DATED:_______________________
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______________________________________
UNITED STATES DISTRICT COURT JUDGE
MAGISTRATE

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REVISED Stipulation to Lift Stay and Amend Scheduling Order (CHAPMAN AI recovery) 4817-3384-0983 v.2.docx

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