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)

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: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
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.: [phone] – FAX: [phone]

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.: [phone] – FAX: [phone]

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.: [phone] – FAX: [phone]

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.: [phone] – FAX: [phone]

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