Roberts v. American Family Mutual Insurance Company

Filing 23

ORDER Granting 22 Stipulation re Discovery Deadlines. Discovery due by 4/2/2018. Motions due by 5/6/2018. Proposed Joint Pretrial Order due by 6/5/2018. Signed by Magistrate Judge Nancy J. Koppe on 1/10/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-01836-JAD-NJK Document 22 Filed 01/10/18 Page 1 of 4
1 LLOYD W. BAKER, ESQ.
Nevada Bar No.: 6893
2 CHRIS CAWLFIELD, ESQ.
Nevada Bar No.: 13669
3 BAKER LAW OFFICES
500 S. Eighth Street
4
Las Vegas, NV 89101
5 Telephone: [phone]
Facsimile: [phone]
6 [e-mail]
Attorneys for Plaintiff
7
8

BAKER LAW OFFICES
S
500 S. EIGHTH STREET, LAS VEGAS, NEVADA 89101
Phone [phone] ◊ Facsimile [phone]
6 4
3

9
10
11

CHRISTIAN M. MORRIS, ESQ.
Nevada Bar No.: 11218
NETTLES LAW FIRM
1389 Galleria Drive, Suite 200
Henderson, Nevada 89014
Telephone: [phone]
Facsimile: [phone]

12
13

UNITED STATES DISTRICT COURT

14

DISTRICT COURT OF NEVADA

15
16

DANIEL T. ROBERTS, an individual,
Plaintiff,

17
18

v.

21

AMERICAN FAMILY MUTUAL
INSURANCE COMPANY, a Wisconsin
corporation; and DOES I through X, and
ROE CORPORATIONS I through X,
inclusive,

22

Case No.: 2:17-CV-01836-JAD-NJK
STIPULATION AND PROPOSED
ORDER TO EXTEND DISCOVERY
DEADLINES
(SECOND REQUEST)

Defendants

19
20

23
24

Plaintiff, DANIEL T. ROBERTS (“Plaintiff”) and Defendant AMERICAN FAMILY

25

MUTUAL INSURANCE COMPANY (“Defendant”), by and through their counsel of record,

26

hereby stipulate to the extension of all discovery deadlines by sixty (60) days.

27
28

Pursuant to Local Rule 6-1(B), the parties hereby aver that this is the second discovery
extension requested in this matter and is not sought for the purposes of delay.
Page 1 of 4

Case 2:17-cv-01836-JAD-NJK Document 22 Filed 01/10/18 Page 2 of 4
DISCOVERY COMPLETED TO DATE

2

The parties have conducted an FRCP 26(f) conference and have served their respective

3

26(a) disclosures as well as their initial expert disclosures pursuant to F.R.C.P. 26(a)(2)(B) and

4

26(a)(2)(C). Plaintiff served his initial 26(a) disclosures on or around August 23, 2017.

5

Defendant served its initial 26(a) disclosures on or around September 13, 2017. Both parties

6

served their respective initial expert disclosures on November 10, 2017 pursuant to a written

7

agreement to extend the deadline by one week. Written discovery has been propounded by both

8

sides and all written discovery has been answered. The deposition of the Plaintiff was taken on

9
BAKER LAW OFFICES
S
500 S. EIGHTH STREET, LAS VEGAS, NEVADA 89101
Phone [phone] ◊ Facsimile [phone]
6 4
3

1

January 3, 2017. The deposition of Defense expert Brian Jones was taken on January 5, 2018.

10

Plaintiff’s expert Everett Lee Herdon, Jr.’s deposition will have his deposition taken on January,

11

16, 2018, and Defense expert Dr. Rimodi will have his deposition taken on January 24, 2018.

12
13

DISCOVERY TO BE COMPLETED AND REASON FOR EXTENDING
DISCOVERY

14

Discovery to be completed includes: depositions of fact witnesses; depositions of

15

Plaintiff’s treating physicians, which includes up to six (6) individual providers ; depositions of

16

liability witnesses; 30(b)(6) deposition of American Family Insurance; remaining depositions

17

of expert witnesses and depositions of rebuttal expert witnesses.

18

Pursuant to Local Rule 6-1, both parties agree that good cause and excusable neglect

19

exist for this second requested extension.

20

disclosures. Defendant disclosed three (3) experts and Plaintiff disclosed two (2) experts.

21

Plaintiff’s expert, Dr. William Muir, had his deposition scheduled for December 28, 2017 but

22

had to cancel the deposition due to an illness. Dr. Muir’s only availability now is after the

23

current discovery cutoff date. Defense counsel wishes to depose all of Plaintiff’s treating

24

providers, which includes six (6) individual providers. These depositions cannot be completed

25

before the current cutoff date. Finally, Christian Morris, lead counsel for Plaintiff, recently gave

26

birth to her first child. Her son currently remains at Sunrise Hospital’s prenatal care unit nearly

27

two months after his birth. It has been difficult for the attorneys on this case to coordinate

28

discovery dates that work for one another and it has been very difficult coordinating depositions

Both parties needed an extension for expert

Page 2 of 4

Case 2:17-cv-01836-JAD-NJK Document 22 Filed 01/10/18 Page 3 of 4
1

of all the treating providers and retained experts on this case. As such, Plaintiff’s counsel and

2

Defendant’s counsel are in agreement that additional time for discovery is necessary due to the

3

numerous factors discussed.

4
5
6
7
8

BAKER LAW OFFICES
S
500 S. EIGHTH STREET, LAS VEGAS, NEVADA 89101
Phone [phone] ◊ Facsimile [phone]
6 4
3

9
10
11
12
13
14
15
16
17
18
19
20

PROPOSED NEW DISCOVERY DEADLINES
Rebuttal Expert Disclosures
Current:
CLOSED
Proposed:
CLOSED
Interim Status Report
Current:
CLOSED
Proposed:
CLOSED
Dispositive Motions
Current:
3/5/18
Proposed:
5/6/18
Pre-Trial Order
Current:
4/4/18
Proposed:
6/5/18
Discovery Cut-Off
Current:
2/1/18
Proposed:
4/2/18
If this extension is granted, all anticipated additional discovery should be completed
within its stipulated extended deadlines. The parties agree that this request for extension of
discovery deadlines is made by the parties in good faith and not for purposes of delay.
DATED this 10th Day of January, 2018

DATED this 10th Day of January, 2018

BAKER LAW OFFICES

HUTCHISON & STEFFEN, LLC

21
22
23
24
25
26
27

/s/Lloyd Baker
LLOYD W. BAKER, ESQ.
Nevada Bar No.: 6893
CHRIS CAWLFIELD, ESQ.
Nevada Bar No.: 13669
500 S. Eighth Street
Las Vegas, NV 89101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff

/s/Scott A. Flinders
Scott A. Flinders (6975)
Peccole Professional Park
10080 West Alta Drive, Suite 200
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile: 702-385-2086
[e-mail]
Attorney for Defendant

28
Page 3 of 4

Case 2:17-cv-01836-JAD-NJK Document 22 Filed 01/10/18 Page 4 of 4
1
2
3
4
5
6

NETTLES LAW FIRM
/s/ Christian Morris
CHRISTIAN M. MORRIS, ESQ.
Nevada Bar No.: 11218
NETTLES LAW FIRM
1389 Galleria Drive, Suite 200
Henderson, Nevada 89014
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Plaintiff

7
8

BAKER LAW OFFICES
S
500 S. EIGHTH STREET, LAS VEGAS, NEVADA 89101
Phone [phone] ◊ Facsimile [phone]
6 4
3

9
10
11

IT IS SO ORDERED.

12
13

UNITED STATES MAGISTRATE JUDGE

14

DATED: January 10, 2018

15

Respectfully Submitted by:

16

/s/ Lloyd Baker
Lloyd Baker, Esq. (#6893)
500 S. 8th St.
Las Vegas, Nevada 89101
Attorney for Plaintiff

17
18
19
20
21
22
23
24
25
26
27
28

Page 4 of 4