De Vries v. Allstate Insurance Company

Filing 20

ORDER Granting 19 Stipulation re Discovery Deadlines. Discovery due by 5/9/2018. Motions due by 6/8/2018. Proposed Joint Pretrial Order due by 7/9/2018. Signed by Magistrate Judge Nancy J. Koppe on 1/24/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-01810-KJD-NJK Document 19 Filed 01/23/18 Page 1 of 6

1
2
3
4
5
6
7

JOHN T. KEATING
Nevada Bar No.: 6373
K E A T I N G LAW GROUP
9130 W. Russell Road, Suite 200
Las Vegas, Nevada 89148
[e-mail]
[phone] phone
[phone] facsimile
Attorneys for Defendant

Allstate Insurance Company

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

9130 W. RUSSELL RD., SUITE 200
LAS VEGAS, NEVADA 89148

K E A T I N G LAW GROUP

10

JOHN DE VRIES, an individual,

CASE NO.:

2:17-cv-01810

11
Plaintiff,

12
13
14
15

vs.

STIPULATION TO EXTEND DISCOVERY
PLAN AND SCHEDULING ORDER
ALLSTATE INSURANCE COMPANY; DOES I DEADLINES BY 30 DAYS (Second Request)
through X; and ROE CORPORATIONS I
through X, inclusive,

16
Defendants.

17
18

Pursuant to LR 6-1 and LR 26-4, Defendant ALLSTATE INSURANCE COMPANY

19
20

(Defendant), and Plaintiff JOHN DE VRIES (Plaintiff), by and through their respective counsel of

21

record, respectfully submit the following stipulation requesting a thirty (30) day extension of the

22

current order deadlines. The current discovery cut-off is April 9, 2018. This stipulation is being

23
24

made at least 21 days before expiration of the current discovery cut-off and is being entered

25

into in good faith and not for the purpose of delay. In support of this Stipulation and Request,

26

the parties state as follows:

27

///

28
1

Case 2:17-cv-01810-KJD-NJK Document 19 Filed 01/23/18 Page 2 of 6

1

I.

2
3
4

Introduction
This case is a bad faith action brought by Plaintiff for alleged damages suffered as a

result of a vehicle theft loss on December 2, 2016. Plaintiff filed a complaint in State Court on

5

June 14, 2017, and on June 30, 2017, Defendant removed this matter to Federal Court.

6

Defendant Answered on July 11, 2017. The Second Amended Stipulated Discovery Plan and

7
8
9

Scheduling Order was entered on August 24, 2017, and the dates were extended by ninety (90)
days via stipulation and order entered on October 27, 2017. This is the second request to

9130 W. RUSSELL RD., SUITE 200
LAS VEGAS, NEVADA 89148

K E A T I N G LAW GROUP

10

extend the deadlines.

11

II.

12

Discovery Status
A.

Discovery that has been completed.

13
14

1.

August 31, 2017.

15
16

Plaintiff served his Initial Disclosures pursuant to FRCP 26(a)(1) on

2.

17

Defendant served its Initial Disclosures pursuant to FRCP 26(a)(1) on
September 12, 2017.

18
19
20

3.

The Parties continue to supplement their respective Initial Disclosures.

4.

Plaintiff served his First Set of Interrogatories and First Set of Requests

21
22

for Production on September 11, 2017.
5.

Defendant served its responses to Plaintiff’s discovery requests on

23
November 14, 2017.

24
25

6.

26
27

Defendant served its First Set of Interrogatories and First Set of Requests
for Production of Documents on September 15, 2017.

7.

Plaintiff served his responses to Defendant’s discovery requests on

28
2

Case 2:17-cv-01810-KJD-NJK Document 19 Filed 01/23/18 Page 3 of 6

December 1, 2017.

1
2

8.

3

Requests for Production of Documents on November 6, 2017.

4
9.

5
6

10.

8

The parties have been in discussions to schedule depositions and to plan
potential expert witnesses in the case.

9

B.

10

9130 W. RUSSELL RD., SUITE 200
LAS VEGAS, NEVADA 89148

Plaintiff served his responses to Defendant’s second set of discovery
requests on December 11, 2017.

7

K E A T I N G LAW GROUP

Defendant served its Second Set of Interrogatories and Second Set of

11

Discovery that remains.

1.
2.

Expert disclosures and depositions.

3.

Rebuttal Expert disclosures and depositions.

4.

12

Deposition of Plaintiff.

Depositions to be noticed by Plaintiff and additional depositions to be

13
14
15
16

noticed by Defendant.

17

Further, other appropriate discovery may also need to be conducted, including additional

18
19
20
21
22

written discovery.
III.

Reason for Extension
Although the parties have been working diligently to complete discovery, they had agreed

to a formal mediation that was scheduled for December 13, 2017 with retired Judge David Wall.

23
24

Unfortunately, due to an unexpected conflict for Plaintiff’s counsel, the mediation did not go

25

forward, and had to be cancelled on short notice. However, since that time, the parties have

26

entered into informal settlement talks in hopes of resolving this matter without the time and

27

expense of formal mediation. Due to the holidays, it has been difficult for Defendant’s counsel

28
3

Case 2:17-cv-01810-KJD-NJK Document 19 Filed 01/23/18 Page 4 of 6

1

to line up the appropriate individuals to discuss settlement authority. The parties believe it

2

prudent to extend the current discovery deadlines for thirty (30) days while they continue to

3
4

explore settlement in order to avoid having to retain experts and incur substantial litigation

5

costs. The parties expect to know very soon if the case can be resolved absent formal

6

mediation.

7
8
9

IV.

Proposed Schedule
1.

days from the current deadline of April 9, 2018 to May 9, 2018.

9130 W. RUSSELL RD., SUITE 200
LAS VEGAS, NEVADA 89148

K E A T I N G LAW GROUP

10
11

Close of Discovery. The parties agree that discovery shall be extended thirty (30)

2.

12

Interim Status Report. The parties shall file the interim status report required by
LR 26-3 by March 9, 2018. The undersigned counsel certify that they have read

13
LR 26-3 and this date is not later than sixty (60) days before the proposed

14

discovery cut-off date.

15
16

3.

17

Experts.
a.

Initial Experts. The parties agree that the last day to file initial expert

18
disclosures shall be March 9, 2018, which is sixty-one (61) days before

19

the discovery cut-off date (60 days falls on a Saturday).

20
21

b.

22

Rebuttal Experts. The parties agree that the last day to file rebuttal
expert disclosures shall be April 8, 2018, which is thirty-one (31) days

23
after the initial disclosure of experts (30 days falls on a Sunday).

24
25
26
27

4.

Dispositive Motions. The parties agree that the last day to file dispositive
motions shall be June 8, 2018, which is thirty (30) days after the discovery cutoff.

28
4

Case 2:17-cv-01810-KJD-NJK Document 19 Filed 01/23/18 Page 5 of 6

5.

1
2

Pre-Trial Order. The Joint Pre-Trial Order shall be filed by July 9, 2018, which is
thirty-one (31) days after the date set for filing the dispositive motions (30 days

3

falls on a Saturday). In the event dispositive motions are filed, the date for filing

4
5

the Joint Pre-Trial Order shall be suspended until thirty (30) days after a decision

6

of the dispositive motions or further order of the court.

7
8
9

The parties believe that the thirty (30) day extension of the deadlines in discovery is
necessary and appropriate to provide sufficient time for both sides to explore settlement and, if

9130 W. RUSSELL RD., SUITE 200
LAS VEGAS, NEVADA 89148

K E A T I N G LAW GROUP

10

necessary, complete discovery in this case and that good cause is demonstrated by the current

11

and ongoing settlement discussions, as well as the need for both parties to retain experts and

12

///

13
14

///

15

///

16

///

17

///

18
19

///

20

///

21

///

22

///

23
24

///

25

///

26

///

27

///

28
5

Case 2:17-cv-01810-KJD-NJK Document 19 Filed 01/23/18 Page 6 of 6

1

to conduct depositions, and any additional discovery necessary to prove the parties’ claims and

2

defenses should settlement talks fail.

3
4
5
6
7

AGREED AND ACCEPTED:
DATED THIS 23rd day of January, 2018.

DATED THIS 23rd day of January, 2018.

KEATING

SANTORO WHITMIRE

LAW GROUP

8
9

9130 W. RUSSELL RD., SUITE 200
LAS VEGAS, NEVADA 89148

K E A T I N G LAW GROUP

10
11
12
13

By: _/s/JASON D. SMITH_______ __________
JASON D. SMITH, ESQ.
Nevada Bar No.: 9691
10100 West Charleston Blvd., Ste. 250
Las Vegas NV 89135
Attorneys for Plaintiff

By: __/s/JOHN T. KEATING________
JOHN T. KEATING, ESQ.
Nevada Bar No.: 6373
9130 W. Russell Road, Ste. 200
Las Vegas NV 89148
Attorney for Defendant

John De Vries

Progressive Direct Insurance Company

14
15
16

IT IS SO ORDERED:

17
18
19
20
21

UNITED STATES MAGISTGRATE JUDGE
January 24, 2018
DATED:
CASE NO.: 2:17-cv-01810

22
23
24
25
26
27
28
6