Lambert v. Hartford Underwriters Insurance Company
Filing
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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
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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
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DISTRICT OF NEVADA
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AKERMAN LLP
1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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MARY JEAN LAMBERT,
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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.
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Defendant Property and Casualty Insurance Company of Hartford (Defendant), incorrectly
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named as Hartford Underwriters Insurance Company, and plaintiff Mary Jean Lambert (Plaintiff),
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respectfully submit the following stipulation requesting a sixty (60) day extension of the current
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scheduling order deadlines.
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I.
INTRODUCTION.
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This case is a dispute arising out of an automobile insurance policy. Plaintiff allegedly
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suffered injuries as a result of a motor vehicle collision on April 11, 2012, and made a claim on her
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insurance policy. Plaintiff filed a complaint in State Court on April 17, 2017, alleging breach of
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Case 2:17-cv-01509-RFB-PAL Document 18 Filed 11/01/17 Page 2 of 4
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contract, contractual breach of implied covenant and good faith and fair dealing, and unfair claims
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practices. On May 26, 2017, Defendant removed this matter to Federal Court. A discovery plan and
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scheduling order was entered on August 24, 2017 [ECF Docket #12].
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II.
DISCOVERY STATUS.
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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.
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(c).
Initial Expert Disclosures: Monday, December 4, 2017.
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(d).
Rebuttal Expert Disclosures: Wednesday, January 3, 2018.
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AKERMAN LLP
(a).
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1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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(e).
Interim Status Report: Monday, December 4, 2017.
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(f).
Dispositive Motions: Friday, March 2, 2018.
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(g).
Pretrial Order: Monday, April 2, 2018.
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(h).
Extensions or Modifications of the Discovery Plan and Scheduling Order:
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Wednesday, January 10, 2018.
A.
Discovery that has been completed.
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1.
Plaintiff served her initial disclosures on August 15, 2017.
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2.
Plaintiffs served her first supplement to initial disclosures on August 18, 2017.
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3.
Defendant served its initial disclosures on August 18, 2017.
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4.
Plaintiff served her second supplement to initial disclosures on September 7,
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2017.
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5.
Plaintiff served her designation of expert witness on September 7, 2017.
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6.
Defendant served its first set of requests for production of documents and first
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set of interrogatories to Plaintiff on September 21, 2017.
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7.
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Plaintiff served her first supplement to designation of expert witness on
October 11, 2017.
B.
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Discovery that Remains.
1.
Expert disclosures;
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Case 2:17-cv-01509-RFB-PAL Document 18 Filed 11/01/17 Page 3 of 4
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2.
Depositions of Plaintiff's treating physicians;
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3.
Deposition of Expert Witnesses;
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4.
Written Discovery;
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5.
Plaintiff's deposition (and follow up discovery on any new issues that arise at
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the deposition)
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The parties reserve the right to take additional discovery during the time frames outlined
below should the need arise.
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C.
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There are currently no pending motions before the court.
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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
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Plaintiff requested an extension of time to respond to written discovery requests. This was
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granted. Defendant has not yet received the responses. The HIPAA form needed to gather medical
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records was part of the written discovery. Separate and apart from discovery, the executed blank
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HIPAA was provided by Plaintiff on October 12, 2017. This case involves a large volume of
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medical records, and will almost certainly require multiple expert witnesses. Hartford is in the
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process of gathering these records in order to ascertaining what experts will be required.
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The parties believe an additional sixty (60) days of discovery should be sufficient in order to
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proceed. This request is being made in a timely manner. The parties believe that good cause is
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demonstrated by the above facts and circumstances.
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IV.
PROPOSED SCHEDULE.
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(a).
Discovery Cut Off: Monday, April 2, 2018 (deadline falls on Sunday).
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(b).
Motions to amend pleadings or add parties: N/A
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(c).
Initial Expert Disclosures: Friday, February 2, 2018.
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(d).
Rebuttal Expert Disclosures: Monday, March 5, 2018 (deadline falls on a
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Sunday).
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(e).
Interim Status Report: Friday, February 2, 2018.
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(f).
Dispositive Motions: Tuesday, May 1, 2018.
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(g).
Pretrial Order: Friday June 1, 2018.
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Case 2:17-cv-01509-RFB-PAL Document 18 Filed 11/01/17 Page 4 of 4
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(h).
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Extensions or Modifications of the Discovery Plan and Scheduling Order:
Monday, March 12, 2018 (deadline falls on Sunday).
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The parties believe that the sixty (60) day extension of the deadlines in discovery are
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necessary and appropriate to provide sufficient time to obtain the medical release and collect medical
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records. The parties also believe good cause is demonstrated by the recited facts in support of the
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extension.
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DATED this 1st day of November, 2017.
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AKERMAN LLP
BERNSTEIN & POISSON
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/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
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AKERMAN LLP
1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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Attorneys for Property and Casualty
Insurance Company of Hartford
Attorneys for Mary Jean Lambert
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IT IS SO ORDERED.
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_________________________________________
UNITED STATES MAGISTRATE JUDGE
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November 29, 2017
DATED: _________________________________
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