Mosley v. Mercury Casualty Company
Filing
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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
(702) 384-9900
(702) 384-5900 (fax)
Steve@SJPlawyer.com
Joey@SJPlawyer.com
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
(702)384-9900; fax (702)384-5900
Info@SJPlawyer.com
Page 1 of 4
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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5.
Defendant’s First Set of Requests for Production of Documents to Plaintiff;
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6.
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
(702)384-9900; fax (702)384-5900
Info@SJPlawyer.com
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
(702)384-9900; fax (702)384-5900
Info@SJPlawyer.com
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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
(702)384-9900; fax (702)384-5900
Info@SJPlawyer.com
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LLC
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