Lambert v. Hartford Underwriters Insurance Company

Filing 19

ORDER Granting 18 Stipulation to Extend Discovery Deadlines (First Request). Discovery due by 4/2/2018. Motions due by 5/1/2018. Proposed Joint Pretrial Order due by 6/1/2018. Signed by Magistrate Judge Peggy A. Leen on 11/29/2017. (Copies have been distributed pursuant to the NEF - SLD)

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Case 2:17-cv-01509-RFB-PAL Document 18 Filed 11/01/17 Page 1 of 4 1 2 3 4 5 6 7 8 DARREN T. BRENNER, ESQ. Nevada Bar No. 8386 WILLIAM S. HABDAS, ESQ. Nevada Bar No. 13138 AKERMAN LLP 1160 Town Center Drive, Suite 330 Las Vegas, Nevada 89144 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: darren.brenner@akerman.com Email: william.habdas@akerman.com Attorneys for Property and Casualty Insurance Company of Hartford UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 MARY JEAN LAMBERT, 12 13 14 15 16 17 18 Case No.: 2:17-cv-01509-RFB-PAL Plaintiff, v. STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES PROPERTY AND CASUALTY INSURANCE COMPANY OF HARTFORD; HARTFORD UNDERWRITERS INSURANCE COMPANY, companies and entities licensed to do business in Arizona and Nevada; DOES 1 through 10; XYZ Corporations 11 through 20; and ABC Limited Liability Companies 21 through 30, inclusive, (FIRST REQUEST) Defendants. 19 20 21 Defendant Property and Casualty Insurance Company of Hartford (Defendant), incorrectly 22 named as Hartford Underwriters Insurance Company, and plaintiff Mary Jean Lambert (Plaintiff), 23 respectfully submit the following stipulation requesting a sixty (60) day extension of the current 24 scheduling order deadlines. 25 I. INTRODUCTION. 26 This case is a dispute arising out of an automobile insurance policy. Plaintiff allegedly 27 suffered injuries as a result of a motor vehicle collision on April 11, 2012, and made a claim on her 28 insurance policy. Plaintiff filed a complaint in State Court on April 17, 2017, alleging breach of 1 43244547;1 Case 2:17-cv-01509-RFB-PAL Document 18 Filed 11/01/17 Page 2 of 4 1 contract, contractual breach of implied covenant and good faith and fair dealing, and unfair claims 2 practices. On May 26, 2017, Defendant removed this matter to Federal Court. A discovery plan and 3 scheduling order was entered on August 24, 2017 [ECF Docket #12]. 4 II. DISCOVERY STATUS. 5 6 On August 24, 2017, the court entered a discovery plan and scheduling order which set the following deadlines: Discovery Cut Off: Wednesday, January 31, 2018. (b). Motions to amend pleadings or add parties: Thursday, November 2, 2017. 9 (c). Initial Expert Disclosures: Monday, December 4, 2017. 10 (d). Rebuttal Expert Disclosures: Wednesday, January 3, 2018. 11 AKERMAN LLP (a). 8 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 7 (e). Interim Status Report: Monday, December 4, 2017. 12 (f). Dispositive Motions: Friday, March 2, 2018. 13 (g). Pretrial Order: Monday, April 2, 2018. 14 (h). Extensions or Modifications of the Discovery Plan and Scheduling Order: 15 16 Wednesday, January 10, 2018. A. Discovery that has been completed. 17 1. Plaintiff served her initial disclosures on August 15, 2017. 18 2. Plaintiffs served her first supplement to initial disclosures on August 18, 2017. 19 3. Defendant served its initial disclosures on August 18, 2017. 20 4. Plaintiff served her second supplement to initial disclosures on September 7, 21 2017. 22 5. Plaintiff served her designation of expert witness on September 7, 2017. 23 6. Defendant served its first set of requests for production of documents and first 24 set of interrogatories to Plaintiff on September 21, 2017. 25 7. 26 27 Plaintiff served her first supplement to designation of expert witness on October 11, 2017. B. 28 Discovery that Remains. 1. Expert disclosures; 2 43244547;1 Case 2:17-cv-01509-RFB-PAL Document 18 Filed 11/01/17 Page 3 of 4 1 2. Depositions of Plaintiff's treating physicians; 2 3. Deposition of Expert Witnesses; 3 4. Written Discovery; 4 5. Plaintiff's deposition (and follow up discovery on any new issues that arise at 5 the deposition) 6 7 The parties reserve the right to take additional discovery during the time frames outlined below should the need arise. 8 C. 9 There are currently no pending motions before the court. 10 III. Pending Motions. REASON WHY EXTENSION IS REQUIRED. AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 Plaintiff requested an extension of time to respond to written discovery requests. This was 12 granted. Defendant has not yet received the responses. The HIPAA form needed to gather medical 13 records was part of the written discovery. Separate and apart from discovery, the executed blank 14 HIPAA was provided by Plaintiff on October 12, 2017. This case involves a large volume of 15 medical records, and will almost certainly require multiple expert witnesses. Hartford is in the 16 process of gathering these records in order to ascertaining what experts will be required. 17 The parties believe an additional sixty (60) days of discovery should be sufficient in order to 18 proceed. This request is being made in a timely manner. The parties believe that good cause is 19 demonstrated by the above facts and circumstances. 20 IV. PROPOSED SCHEDULE. 21 (a). Discovery Cut Off: Monday, April 2, 2018 (deadline falls on Sunday). 22 (b). Motions to amend pleadings or add parties: N/A 23 (c). Initial Expert Disclosures: Friday, February 2, 2018. 24 (d). Rebuttal Expert Disclosures: Monday, March 5, 2018 (deadline falls on a 25 Sunday). 26 (e). Interim Status Report: Friday, February 2, 2018. 27 (f). Dispositive Motions: Tuesday, May 1, 2018. 28 (g). Pretrial Order: Friday June 1, 2018. 3 43244547;1 Case 2:17-cv-01509-RFB-PAL Document 18 Filed 11/01/17 Page 4 of 4 1 (h). 2 Extensions or Modifications of the Discovery Plan and Scheduling Order: Monday, March 12, 2018 (deadline falls on Sunday). 3 The parties believe that the sixty (60) day extension of the deadlines in discovery are 4 necessary and appropriate to provide sufficient time to obtain the medical release and collect medical 5 records. The parties also believe good cause is demonstrated by the recited facts in support of the 6 extension. 7 DATED this 1st day of November, 2017. 8 AKERMAN LLP BERNSTEIN & POISSON 9 /s/ William S. Habdas DARREN T. BRENNER, ESQ. Nevada Bar No. 8386 WILLIAM S. HABDAS, ESQ. Nevada Bar No. 13138 1160 Town Center Drive, Suite 330 Las Vegas, Nevada 89144 /s/ Christopher D. Burk_________ SCOTT L. POISSON, ESQ. Nevada Bar No. 10188 CHRISTOPHER D. BURK, ESQ. Nevada Bar No. 8976 320 S. Jones Blvd. Las Vegas, Nevada 89107 10 AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 12 13 14 Attorneys for Property and Casualty Insurance Company of Hartford Attorneys for Mary Jean Lambert 15 16 IT IS SO ORDERED. 17 18 _________________________________________ UNITED STATES MAGISTRATE JUDGE 19 November 29, 2017 DATED: _________________________________ 20 21 22 23 24 25 26 27 28 4 43244547;1

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