Mosley v. Mercury Casualty Company

Filing 17

ORDER granting 16 Motion to Extend Time re Discovery Plan and Scheduling Order. Discovery due by 8/16/2017, Motions due by 9/17/2017. Signed by Magistrate Judge Peggy A. Leen on 2/22/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-01802-JAD-PAL Document 16 Filed 02/14/17 Page 1 of 4

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Steven J. Parsons
Nevada Bar No. 363
Joseph N. Mott
Nevada Bar No. 12455
LAW OFFICES OF STEVEN J. PARSONS
10091 Park Run Dr Ste 200
Las Vegas NV 89145-8868
[phone]
[phone] (fax)
[e-mail]
[e-mail]
Attorneys for Plaintiff
JESSE MOSLEY

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
JESSE MOSLEY, an individual,

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Case No.:

Plaintiff,
vs.
MERCURY CASUALTY COMPANY, a California
corporation,
Defendant.

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2:16-CV-01802-JAD-PAL

PLAINTIFF AND DEFENDANT’S JOINT
MOTION TO MODIFY THE DISCOVERY PLAN
AND SCHEDULING ORDER AND TO EXTEND
THE DISCOVERY DEADLINE AND OTHER
DEADLINES SET FORTH THEREIN

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SECOND REQUEST

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Plaintiff, JESSE MOSLEY an individual, by his attorneys, Steven J. Parsons and Joseph

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N. Mott of LAW OFFICES OF STEVEN J. PARSONS, and MERCURY CASUALTY COMPANY, a California

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corporation, by and through its attorney, BENJAMIN J. CARMAN OF RANALLI ZANIEL FOWLER & MORAN,

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LLC, and, pursuant to LR IA 6-1 and LR II 26-4, said Plaintiff and the Defendants (comprising

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all of the parties hereto), hereby jointly move this Court for an Order to Modify the most recent

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Order (Doc. #15), which set forth this Court's Discovery Plan and Scheduling Order

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(hereinafter the "Prior Scheduling Order"), in order to allow the parties an additional ninety (90)

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day extension beyond the current discovery deadline of May 18, 2017, until August 16, 2017,

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to complete discovery herein. Parties also hereby jointly move for an additional ninety (90) day

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extension with respect to all other dates set forth in the most recent Prior Scheduling Order

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(Doc. #15) beyond the deadlines set forth therein.

10091 Park Run Dr Ste 200
Las Vegas, Nevada 89145-8868
[phone]; fax [phone]
[e-mail]

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Case 2:16-cv-01802-JAD-PAL Document 16 Filed 02/14/17 Page 2 of 4

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This Motion is filed for good cause shown as set forth below. Certain of the requests

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herein are not made more than 21 days before the expiration of any deadline sought to be

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extended herein, as normally required by LR II 26-4 (namely the expert disclosures deadline),

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but any such late submission is made for good cause.
A.

A SPECIFIC DESCRIPTION OF THE DISCOVERY THAT REMAINS TO BE
COMPLETED:

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1.

Defendant’s Initial Disclosure, pursuant to FRCP 26(f);

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2.

Plaintiff’s Initial Disclosures, pursuant to FRCP 26(f);

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3.

Defendant’s First Set of Request for Admissions to Plaintiff;

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4.

Defendant’s First Set of Interrogatories to Plaintiff;

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Defendant’s First Set of Requests for Production of Documents to Plaintiff;

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Plaintiff’s First Set of Request for Production of Documents to Defendant;

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Plaintiff’s First Set of Interrogatories to Defendant;

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8.

Plaintiff’s Second Set of Interrogatories to Defendant;

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9.

Defendant’s Designation of Expert Witnesses.

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B.

A SPECIFIC DESCRIPTION OF THE DISCOVERY THAT REMAINS TO BE
COMPLETED:

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Depositions of the Person Most Knowledgeable from Plaintiff’s medical providers

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relevant to treatment rendered to Plaintiff since the date of this accident;

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2.

Defendant to obtain medical records and bills regarding the Plaintiff;

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3.

Second sets of written discovery by both Plaintiff and Defendant;

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4.

Deposition of Plaintiff;

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5.

Deposition of Mercury’s FRCP 30(b)(6) witnesses;

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Deposition of Defense Experts;

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7.

Deposition of Plaintiff Experts.

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C.

THE REASONS WHY THE DISCOVERY REMAINING WAS NOT COMPLETED

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10091 Park Run Dr Ste 200
Las Vegas, Nevada 89145-8868
[phone]; fax [phone]
[e-mail]

WITHIN THE TIME LIMITS SET BY THE DISCOVERY ORDER

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Case 2:16-cv-01802-JAD-PAL Document 16 Filed 02/14/17 Page 3 of 4

Plaintiff's lead counsel, Steven J. Parsons, was suffering with serious medical issues

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throughout December, including a surgery, and is presently dealing with serious personal

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medical issues that have required two surgeries, hospitalizations, and now a course of

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intravenous antibiotics administered by a home health nurse. Due to Mr. Parsons' illness, he

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has only been in his office approximately two days in the past six weeks. This absence, as well

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as the holiday season, affected the parties' attempts to have substantive discussions regarding

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settlement and discovery issues; and the Plaintiff's ability to prosecute his claims. To avoid

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additional delay as a result of Mr. Parsons' health, his associate Joseph N. Mott is now

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stepping in as lead counsel until Mr. Parsons is able to return to the office.
The parties believe that a modest addition of ninety days will accommodate both parties

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sufficiently to conclude the discovery that remains in this matter.

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D.

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Based on the foregoing, the parties hereby propose the following schedule for

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A PROPOSED SCHEDULE FOR COMPETING ALL REMAINING DISCOVERY:

completing all remaining discovery:
Old Deadline

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New Deadline

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Deadline to Complete Discovery

05/18/2017

08/16/2017

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•

Expert Disclosures (P)

02/16/2017

05/17/2017

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•

Expert Disclosures (D)

03/20/2017

06/19/2017

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•

Rebuttal of Experts (P)

03/20/2017

06/19/2017

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•

Rebuttal of Experts (D)

04/18/2017

07/17/2017

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Dispositive Motions Due

06/19/2017

09/17/2017

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...

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...

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...

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...

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...

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...

10091 Park Run Dr Ste 200
Las Vegas, Nevada 89145-8868
[phone]; fax [phone]
[e-mail]

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Case 2:16-cv-01802-JAD-PAL Document 16 Filed 02/14/17 Page 4 of 4

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Based on the foregoing, the parties respectfully request that the Court extend the

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discovery deadlines as recommended above for the good cause shown above.

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Dated: February 14, 2017.

Dated: February 14, 2017

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LAW OFFICES OF STEVEN J. PARSONS

RANALLI ZANIEL FOWLER & MORAN,

/s/ Joseph N. Mott
JOSEPH N. MOTT
Nevada Bar No. 12455

/s/ Benjamin J. Carman
BENJAMIN J. CARMAN
Nevada Bar No. 12565

Attorneys for Plaintiff
JESSE MOSLEY

Attorney for Defendant
MERCURY CASUALTY COMPANY

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ORDER

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IT IS SO ORDERED.

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Dated: February 22, 2017

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U.S. DISTRICT/MAGISTRATE JUDGE

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10091 Park Run Dr Ste 200
Las Vegas, Nevada 89145-8868
[phone]; fax [phone]
[e-mail]

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LLC