Florencio v. State Farm Mutual Automobile Insurance Company

Filing 18

ORDER Granting 17 Stipulation re Discovery Deadlines. Discovery due by 6/5/2018. Motions due by 7/5/2018. Proposed Joint Pretrial Order due by 8/6/2018. Signed by Magistrate Judge George Foley, Jr on 2/7/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-00451-GMN-GWF Document 17 Filed 02/06/18 Page 1 of 5

1 ROBERT W. FREEMAN, ESQ.
Nevada Bar No. 03062
2 Email: [e-mail]
PAMELA L. MCGAHA
3 Nevada Bar No. 08181
Email: [e-mail]
4 CHERYL A. GRAMES, ESQ.
Nevada Bar No. 12752
5 Email: [e-mail]
LEWIS BRISBOIS BISGAARD & SMITH LLP
6 6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
7 702.893.3383
FAX: [phone]
8 Attorneys for Defendant

State Farm Mutual Automobile Insurance

9 Company
10

UNITED STATES DISTRICT COURT

11

DISTRICT OF NEVADA

12
13
14
15
16

***
GEORGE FLORENCIO,
Plaintiff,
vs.

STATE FARM MUTUAL AUTOMOBILE
17 INSURANCE COMPANY; DOES I through
X, inclusive, and ROE CORPORATIONS I
18 through X,
19
20
21
22
23
24
25
26
27

LEWIS

ATTORNEYS AT LAW

STIPULATION AND ORDER TO EXTEND
DISCOVERY DEADLINES
(THIRD REQUEST)

Defendants.
Pursuant to LR 6-1 and LR 26-4, the parties, by and through their respective
counsel of record, hereby stipulate and request that this Court extend discovery in the
above-captioned case ninety (90) days, up to and including Tuesday, June 5, 2018. In
addition, the parties request that the all other future deadlines contemplated by the
Discovery Plan and Scheduling Order be extended pursuant to Local Rule. In support of
this Stipulation and Request, the parties state as follows:
1.

On October 31, 2016, Plaintiff filed his Complaint in the Eight Judicial
District Court. (ECF No. 1, Ex. A).

28

BRISBOIS

BISGAARD
& SMITH LLP

CASE NO.: 2:17-cv-0451-GMN-GWF

4823-5985-5451.1

Case 2:17-cv-00451-GMN-GWF Document 17 Filed 02/06/18 Page 2 of 5

1

2.

2
3
4

Department of Business and Industry, Division of Insurance. (Id.).
3.

On February 10, 2017, Defendant filed its Petition for Removal. (Id.).

4.

On February 17, 2017, Defendant filed its Answer to Complaint. (ECF No.

5
6

6).
5.

7

“Order”) for the Court’s approval. (ECF No. 10).
6.

10
11

7.

8.

9.

10.

11.

24
25

12.

On September 19, 2017, the Court issued its Order extending the discovery
deadlines. (ECF No. 16).

13.

Plaintiff served his expert designation on December 29, 2017.

14.

Defendant served its expert designation on January 4, 2018.

15.

Defendant noticed the deposition of Plaintiff for March 2, 2018, but due to

26

scheduling concerns, the deposition has been tentatively set for March 22,

27

LEWIS

On September 18, 2017, the parties filed a Third Request to Extend
Discovery Deadlines. (ECF No. 15).

22
23

On June 19, 2017, the Court issued its Order extending the discovery
deadlines. (ECF No. 14).

20
21

On June 16, 2017, the parties filed a Second Request to Extend Discovery
Deadlines. (ECF No. 13).

18
19

On June 14, 2016, Defendant propounded written discovery upon Plaintiff.
Plaintiff served his responses on July 31, 2017.

16
17

On May 10, 2016, Plaintiff propounded written discovery upon Defendant.
Defendant served its responses on June 27, 2017.

14
15

On March 29, 2017, the Court entered the Stipulated Scheduling Order.
(ECF No. 11).

12
13

On March 10, 2017, the parties conducted an initial FRCP 26(f) conference
and submitted a Stipulated Discovery Plan and Scheduling Order (the

8
9

On January 9, 2017, Plaintiff served the Complaint on the Nevada

2018.

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4823-5985-5451.1

2

Case 2:17-cv-00451-GMN-GWF Document 17 Filed 02/06/18 Page 3 of 5

1
2

DISCOVERY REMAINING
1.

3
4

Plaintiff.
4.

5
6

5.

The parties will take the depositions of designated expert witnesses and
medical providers.

6.

9

The parties will take the depositions of any and all other witnesses garnered
through discovery.

10
11

Defendant will continue gathering Plaintiff’s medical records and other
documentation related to Plaintiff’s claim.

7
8

Plaintiff will depose Defendant’s representatives, and Defendant will depose

WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED
This Request for an extension of time is not sought for any improper purpose or

12 other purpose of delay. Rather, it is sought by the parties solely for the purpose of
13 allowing sufficient time to conduct discovery.
14

The parties require additional discovery time because of the heavy trial calendars

15 of Plaintiff’s counsel, Plaintiff’s unavailability in late February and early March for his
16 deposition, and Defendant’s anticipated need to conduct additional discovery following
17 Plaintiff’s deposition, as new fact information is likely to come to light. As the current
18 deadline for discovery to close is March 7, 2018, the parties are seeking a ninety (90) day
19 extension of this deadline.
20

The following is a list of the current discovery deadlines and the parties’ proposed

21 extended deadlines.
22

Scheduled Event

Current Deadline

Proposed Deadline

23
24

Discovery Cut-off

March 7, 2018

Tuesday, June 5, 2018

Deadline to Amend
Pleadings or Add Parties

Closed

Closed

25
26
27

LEWIS

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4823-5985-5451.1

3

Case 2:17-cv-00451-GMN-GWF Document 17 Filed 02/06/18 Page 4 of 5

1

Interim Status Report

January 4, 2018

Friday, April 6, 2018 (60 days
prior to the close of
discovery)

Expert Disclosure
pursuant to Fed R. Civ.
P. 26 (a)(2)

January 4, 2018

Closed

Rebuttal Expert
Disclosure pursuant to
Fed. R. Civ. P. 26(a)(2)

February 2, 2018

Closed

Dispositive Motions

April 4, 2018

Thursday, July 5, 2018
(Thirty days after discovery
cutoff)

Joint Pretrial Order

February 5, 2018

Monday, August 6, 2018 (30
days after the deadline for
dispositive motions) or 30
days after the decision on
Dispositive Motions

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

This Request for an extension of time is not sought for any improper purpose or

17 other purpose of delay. Rather, it is sought by the parties solely for the purpose of
18 allowing sufficient time to conduct discovery in this case and adequately prepare their
19 respective cases for trial.
20

This is the third request for extension of time in this matter.

21 / / /
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /

LEWIS

28 / / /

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4823-5985-5451.1

4

Case 2:17-cv-00451-GMN-GWF Document 17 Filed 02/06/18 Page 5 of 5

1

WHEREFORE, the parties respectfully request that this Court extend the discovery

2 period by ninety days (90) days from the current deadline of March 7, 2018, up to and
3 including June 5, 2018, and the other dates as outlined in accordance with the table
4 above.
5 DATED this 6th day of February, 2018.

DATED this 6th day of February, 2018.

6 LEWIS BRISBOIS BISGAARD & SMITH LLP

THE POWELL LAW FIRM

7
8
9
10
11
12

/s/ Michael A. Kristof----Paul D. Powell, Esq.
Nevada Bar No. 7488
Michael A. Kristof, Esq.
Nevada Bar No. 7780
6785 West Russell Road, Suite 210
Las Vegas, Nevada 89118

/s/ Cheryl A. Grames------Robert W. Freeman, Jr., Esq.
Nevada Bar No. 3062
Pamela L. McGaha, Esq.
Nevada Bar No. 8181
Cheryl A. Grames, Esq.
Nevada Bar No. 12752
6385 S. Rainbow Blvd, Suite 600
Las Vegas, Nevada 89118

Attorneys for Plaintiff

13 Attorney for Defendant

State Farm Mutual Automobile

14 Insurance Company
15
16
17

IT IS SO ORDERED:

ORDER

February
7th
Dated this _____ day of _____________, 2018.

18

_________________________________
UNITED STATES MAGISTRATE JUDGE

19
20
21
22
23
24
25
26
27

LEWIS

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4823-5985-5451.1

5