Lambert v. Hartford Underwriters Insurance Company

Filing 31

ORDER Granting 30 Fifth Stipulation for Extension of Time re Discovery Deadlines. Discovery due by 11/30/2018. Motions due by 12/28/2018. Proposed Joint Pretrial Order due by 1/29/2019. No further extensions will be allowed. Signed by Magistrate Judge Peggy A. Leen on 8/30/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-01509-RFB-PAL Document 30 Filed 08/28/18 Page 1 of 5

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DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
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

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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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,

(FIFTH 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 30 Filed 08/28/18 Page 2 of 5

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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]. An order to extend discovery

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deadlines was entered on November 29, 2017 [ECF Docket #19], February 5, 2018 [ECF Docket #

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22], April 3, 2018 [ECF Docket #24], and July 13, 2018 [ECF Docket #29].

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II.

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DISCOVERY STATUS.
On July 13, 2018, the court entered an order to extend discovery deadlines which set the

following deadlines:
Discovery Cut Off: Monday, October 1, 2018.

(b).

Motions to amend pleadings or add parties: No extension requested.

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AKERMAN LLP

(a).

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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(c).

Initial Expert Disclosures: No extension requested.

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(d).

Rebuttal Expert Disclosures: Thursday, August 10, 2018.

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(e).

Interim Status Report: No extension requested.

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(f).

Dispositive Motions: Monday, October 29, 2018.

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(g).

Pretrial Order: Friday, November 30, 2018.

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(h).

Extensions or Modifications of the Discovery Plan and Scheduling Order:

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Monday, September 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 supplemental disclosures on September 7, 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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Plaintiff served her first supplemental expert designation on October 11, 2017.

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8.

Plaintiff served her responses to defendant's request for production of

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documents and answers to defendant's interrogatories on November 15, 2017.
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9.

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Plaintiff served her second supplemental expert designation on January 7,
2018.

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Plaintiff served her third supplemental expert designation on January 22,
2018.

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Defendant served its initial expert disclosure on January 30, 2018.

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12.

Defendant served its notice of deposition of Plaintiff on February 22, 2018.

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13.

Plaintiff served her designation of rebuttal expert witnesses on March 5, 2018.

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14.

The deposition of plaintiff occurred on June 12, 2018.

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15.

Defendant served another initial expert disclosure on June 13, 2018.

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Defendant served a subpoena for the deposition of plaintiff's husband, Carl

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Lambert, on July 13, 2018, setting the deposition for July 26, 2018. Plaintiff's

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counsel contacted defense counsel on July 25, 2018, asking to cancel the

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deposition to be rescheduled at a later date.

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Defendant served a subpoena for medical records on Desert Neurology

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Associates (Dr. Theuvenet) on July 13, 2018. Desert Neurology Associates

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has not responded to the subpoena.

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Defendant served a deposition notice for the deposition of plaintiff's expert,

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Dr. Gross, to take place on September 13, 2018 at 3:00 p.m. This deposition

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has been rescheduled to October 9, 2018 at 3:00 p.m.

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Defendant served a deposition notice for the deposition of treating physician

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Gary Flangas, M.D., to take place on August 24, 2018. The deposition was

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subsequently cancelled, to be rescheduled after the parties' mediation.

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20.

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Defendant served its first supplement to initial expert disclosure on July 24,
2018.

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21.

Defendant served its expert rebuttal disclosure on August 10, 2018.

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22.

Defendant served its amended expert rebuttal disclosure on August 22, 2018.

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23.

Defendant took the deposition of plaintiff's primary care physician, Mark

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Barney, M.D. on August 6, 2018.
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B.

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Depositions of Plaintiff's treating physicians which have not yet been deposed,

including Dr. Kidwell, Dr. Theuvenet, and Dr. Flangas.

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Discovery that Remains.

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Depositions of Expert Witnesses, including Dr. Gross, whose deposition is

currently set for October 9, 2018.

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3.

Depositions of any other fact witnesses, including the deposition of Carl

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Lambert, which was previously scheduled but cancelled and needs to be

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rescheduled.

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4.

Follow-ups on subpoena for documents to medical providers.

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5.

Supplemental written discovery.

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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The parties reserve the right to take additional discovery 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.

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The parties are requesting an additional sixty (60) days of discovery in order to complete

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private mediation scheduled for September 24, 2018. The parties would like to reschedule the

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remaining physician depositions to be completed after September 24, 2018, to avoid incurring

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additional fees and costs before the settlement conference. This request is being made in a timely

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manner. The parties believe that good cause is demonstrated.

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IV.

PROPOSED SCHEDULE.

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(a).

Discovery Cut Off: Friday, November 30, 2018.

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(b).

Motions to amend pleadings or add parties: No extension requested.

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(c).

Initial Expert Disclosures: No extension requested.

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(d).

Rebuttal Expert Disclosures: No extension requested.

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(e).

Interim Status Report: No extension requested.

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(f).

Dispositive Motions: Friday, December 28, 2018.

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(g).

Pretrial Order: Tuesday, January 29, 2019.

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(h).

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Extensions or Modifications of the Discovery Plan and Scheduling Order:
Friday, November 9, 2018.

DATED this 23rd day of August, 2018.

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AKERMAN LLP

BERNSTEIN & POISSON

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/s/ Jamie K. Combs
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Ryan Kerbow______
SCOTT L. POISSON, ESQ.
Nevada Bar No. 10188
RYAN KERBOW, ESQ.
Nevada Bar No. 11403
320 S. Jones Blvd.
Las Vegas, Nevada 89107

Attorneys for Property and Casualty
Insurance Company of Hartford

Attorneys for Mary Jean Lambert

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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IT IS SO ORDERED.

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IT IS SO ORDERED.

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_________________________________________
IT IS FURTHER ORDERED that no further extensions will be allowed.
UNITED STATES MAGISTRATE JUDGE

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Dated: August 30, 2018

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DATED: _________________________________
______________________________
Peggy A. Leen
United States Magistrate Judge

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