Styles et al v. State Farm Mutual Automobile Insurance Company

Filing 29

ORDER granting 28 Stipulation; Discovery due by 6/25/2018. Motions due by 7/25/2018. Proposed Joint Pretrial Order due by 8/24/2018. Signed by Magistrate Judge Peggy A. Leen on 12/18/2017. (Copies have been distributed pursuant to the NEF - JM)

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Case 2:17-cv-01197-RFB-PAL Document 28 Filed 12/08/17 Page 1 of 4 1 2 3 4 5 6 7 RYAN L. DENNETT, ESQ. Nevada Bar No. 005617 rdennett@dennettwinspear.com JENNIFER INSLEY MICHERI, ESQ. Nevada Bar No. 010089 jinsley-micheri@dennettwinspear.com DENNETT WINSPEAR, LLP 3301 N. Buffalo Drive, Suite 195 Las Vegas, Nevada 89129 Telephone: (702) 839-1100 Facsimile: (702) 839-1113 Attorneys for Defendant, State Farm Mutual Automobile Insurance Company 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 JUDITH ANN STYLES, LEIGH ANN STYLES, Case No: 2:17-CV-01197-RFB-PAL 12 Plaintiffs, 13 vs. 14 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; ROES I thru V, and DOES I through X, inclusive, 15 16 STIPULATION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY (FIRST REQUEST) Defendants. 17 COME NOW, the parties above named, by and through counsel, and move the 18 Honorable Magistrate Judge for an Order continuing Discovery and submit the instant Stipulation 19 in accordance with LR 6-1 and LR 26-4. The parties have conferred and agree that an extension 20 of remaining discovery dates (those remaining dates not expired prior to the stay imposed by the 21 Court) is both necessary and warranted following the Plaintiffs’ retention of new counsel after its 22 former counsel, George W. Carter, Esq. and co-counsel, David Lee Phillips, Esq. withdrew and 23 various discovery matters were not completed by Plaintiffs due to the issues previously 24 addressed in open Court on November 2, 2016 and December 4, 2017. 25 No previous requests or extensions for time in which to complete discovery in this matter 26 have been requested. 27 /// 28 Case 2:17-cv-01197-RFB-PAL Document 28 Filed 12/08/17 Page 2 of 4 1 An extension of time for discovery is necessary and good cause exists for the extension 2 pursuant to Local Rule 26-4. Pursuant to that Rule, the parties submit the following: 3 (a) DISCOVERY THAT HAS BEEN COMPLETED 4 Counsel for the respective parties participated in a discovery planning conference 5 pursuant to Fed.R.Civ.P. 26(f). Lists of witnesses and document productions were thereafter 6 exchanged by and between the parties. A Proposed Discovery Plan was filed on June 22, 2017 7 and Ordered by the Court on June 26, 2017. 8 Written discovery to the Plaintiffs has been served and answered, Plaintiffs’ depositions 9 have been previously scheduled, but those depositions were stayed by the Court Order. 10 Defendant has disclosed its expert. 11 (b) DISCOVERY THAT REMAINS TO BE COMPLETED 12 The parties will be conducting additional factual and expert discovery, including the 13 depositions of Plaintiffs and of the parties affiliated with Defendant State Farm involved in the 14 handling of Plaintiff's claim. Plaintiffs and Defendant have agreed that Plaintiffs may disclose 15 their rebuttal expert as the time to do so had not yet expired when the Stay went into effect and 16 Defendant shall have the right to supplement its expert disclosure, if necessary. 17 (c) 18 REASONS DISCOVERY WILL NOT BE COMPLETED WITHIN THE TIME LIMITS SET BY THE DISCOVERY PLAN Due to the withdrawal of Plaintiffs’ former counsel and retention of new counsel, it has 19 become necessary to extend the discovery for a period of six months. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 2 Case 2:17-cv-01197-RFB-PAL Document 28 Filed 12/08/17 Page 3 of 4 1 2 3 (d) PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY: The parties hereby stipulate and request that discovery dates in this matter be continued for ninety (180) days. Current Dates: 4 Proposed Dates: 5 Discovery Cut-Off Date: Dec.25, 2017 June 25, 2018 1 6 Fed.R.Civ.P. 26(a)(2) Disclosures (Experts): Oct. 26, 2017 Expired Rebuttal Experts: November 26, 2017 January 26, 2017 7 8 9 10 11 Deadlines to file Dispositive Motions: January 24, 2018 July 25, 2018 Pretrial Order Due Date: February 23, 2018 August 24, 2018 Interim Status Report (LR 26-3): October 26, 2018 May 28, 2018 2 Any request to extend the dates set forth in this Discovery Plan and Scheduling Order 12 shall be submitted to the Court not later than 21 days before the expiration of the subject 13 deadline sought to be extended. 14 INITIAL DISCLOSURES AND DISCOVERY 15 Initial Disclosures have previously been disclosed by both parties. No objections to the 16 Objections to Initial Disclosures were filed. (Fed. R. Civ. P. 26(f)(3)(A)). 17 The parties anticipate conducting written discovery and depositions on all issues allowed 18 under the Federal Rules of Civil Procedure. (Fed. R. Civ. P. 26(f)(3)(B)). 19 The parties hereto will submit a stipulated protective order and confidentiality agreement 20 to be filed with the Court prior to the disclosure of Defendant's materials regarding Plaintiff's 21 contractual and extra-contractual claims against Defendant. (Fed. R. Civ. P. 26(f)(3)(D)). 22 There are currently no issues which parties are aware of regarding discovery of 23 electronically stored information or claims of privilege/protection of trial preparation materials. 24 (Fed. R. Civ. P. 26(f)(3)(C-D)). 25 26 27 28 1 2 180 Days = Saturday, June 23, 2018 = Monday, June 26, 2018. 60 days before close of discovery = Saturday, June 23, 2018 = Monday, June 26, 2018 3 Case 2:17-cv-01197-RFB-PAL Document 28 Filed 12/08/17 Page 4 of 4 1 There are currently no changes which should be made in the limitations on discovery 2 imposed by the Federal or Local Rules of practice and no additional orders that this Court should 3 issue at this time. (Fed. R. Civ. P. 26(f)(3)(E-F)). 4 DATED: 5 LAW OFFICES OF STEPHEN M. DIXON DENNETT WINSPEAR, LLP By /s/ Stephen M. Dixon Stephen M. Dixon, Esq. Nevada Bar No. 10025 10181 W. Park Run, #110 Las Vegas, Nevada 89145 Telephone: (702) 329-4911 Facsimile: (702) 875-3126 Attorney for Plaintiffs, Judith Anny Styles & Leigh Ann Styles By /s/ Ryan L. Dennett Ryan L. Dennett, Esq. Nevada Bar No. 5617 Jennifer Insley Micheri, Esq. Nevada Bar No. 010089 3301 N. Buffalo Drive, Suite 195 Las Vegas, Nevada 89129 Telephone: (702) 839-1100 Facsimile: (702) 839-1113 Attorneys for Defendant, State Farm Mutual Automobile Insurance Company December 8, 2017 DATED: December 8, 2017 6 7 8 9 10 11 12 13 14 15 ORDER 16 17 18 19 20 IT IS SO ORDERED. December 18, 2017 DATED: ______________________ ________________________________________ UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 4

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