Roberts v. American Family Mutual Insurance Company

Filing 26

ORDER granting 25 Stipulation re Discovery Deadlines. Discovery due by 5/2/2018. Motions due by 6/6/2018. Proposed Joint Pretrial Order due by 7/5/2018. NO FURTHER EXTENSIONS WILL BE GRANTED. Signed by Magistrate Judge Nancy J. Koppe on 3/16/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-01836-JAD-NJK Document 25 Filed 03/15/18 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
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Las Vegas, NV 89101
5 Telephone: [phone]
Facsimile: [phone]
6 [e-mail]
Attorneys for Plaintiff
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BAKER LAW OFFICES
S
500 S. EIGHTH STREET, LAS VEGAS, NEVADA 89101
Phone [phone] ◊ Facsimile [phone]
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CHRISTIAN M. MORRIS, ESQ.
Nevada Bar No.: 11218
NETTLES LAW FIRM
1389 Galleria Drive, Suite 200
Henderson, Nevada 89014
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT

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DISTRICT COURT OF NEVADA

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DANIEL T. ROBERTS, an individual,
Plaintiff,

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v.

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

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

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Defendants

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

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

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hereby stipulate to the extension of all discovery deadlines by thirty (30) days.

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Pursuant to Local Rule 6-1(B), the parties hereby aver that this is the third discovery
extension requested in this matter and is not sought for the purposes of delay.
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Case 2:17-cv-01836-JAD-NJK Document 25 Filed 03/15/18 Page 2 of 4
DISCOVERY COMPLETED TO DATE

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

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

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

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

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

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

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

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BAKER LAW OFFICES
S
500 S. EIGHTH STREET, LAS VEGAS, NEVADA 89101
Phone [phone] ◊ Facsimile [phone]
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January 3, 2017. The deposition of Defense expert Brian Jones was taken on January 5, 2018.

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Plaintiff’s insurance claims expert, Everett Lee Herdon, Jr., had his deposition taken on January

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16, 2018. Defense expert Dr. Rimodi had his deposition taken on January 24, 2018. Finally,

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Plaintiff’s treating physician, Dr. William Muir, had his deposition taken on February 20, 2018.

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DISCOVERY TO BE COMPLETED AND REASON FOR EXTENDING
DISCOVERY

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Discovery to be completed includes: 30(b)(6) deposition of American Family Insurance.

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

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this requested extension. Counsel have been in communication about the availability of the

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person most knowledgeable from Defendant American Family Insurance. Plaintiff’s counsel

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were not informed about the availability of the 30(b)(6) deponent until March 13, 2018 despite

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having noticed the deposition twice – the first notice was served on January 16, 2018 which set

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a deposition date of February 1, 2018, and the amended notice was served on February 27th,

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2018 which set a deposition date of March 22, 2018. The parties agreed to vacate the first

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deposition date because counsel for Defendant was still having difficulty identifying the person

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most knowledgeable for American Family Insurance.

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Defendant indicated that American Family’s person most knowledgeable has now been

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identified; however, the deposition must take place in Phoenix, Arizona and it cannot take place

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until April after the current discovery cutoff because counsel for Defendant and the person most

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knowledgeable cannot attend the current deposition set for March 22, 2018. Therefore, both
Page 2 of 4

On March 13, 2018, counsel for

Case 2:17-cv-01836-JAD-NJK Document 25 Filed 03/15/18 Page 3 of 4
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sides agree that a thirty day (30) extension is warranted in order to complete the 30(b)(6)

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deposition.
Defendant’s counsel filed a motion for summary judgment on March 13, 2018. Plaintiff

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attempted to take the 30(b)(6) deposition well before the current discovery cutoff date and before

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the motion was filed. Counsel for Defendant has indicated he will vacate and re-file the motion

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for summary judgment because of our agreement to extend discovery in order to take the

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30(b)(6) deposition. It would be highly prejudicial to Plaintiff should the 30(b)(6) deposition

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not take place before Plaintiff’s opposition is completed and oral arguments are heard on the

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BAKER LAW OFFICES
S
500 S. EIGHTH STREET, LAS VEGAS, NEVADA 89101
Phone [phone] ◊ Facsimile [phone]
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motion for summary judgment. As such, Plaintiff’s counsel and Defendant’s counsel are in

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agreement that additional time for discovery is necessary due to the unavailability of

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Defendant’s person most knowledgeable.

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PROPOSED NEW DISCOVERY DEADLINES
Rebuttal Expert Disclosures
Current:
CLOSED
Proposed:
CLOSED

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Interim Status Report
Current:
CLOSED
Proposed:
CLOSED

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Dispositive Motions
Current:
5/6/18
Proposed:
7/6/18 6/6/18

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Pre-Trial Order
Current:
6/5/18
Proposed:
7/5/18

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Discovery Cut-Off
Current:
4/2/18
Proposed:
5/2/18

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...

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...

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...

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Case 2:17-cv-01836-JAD-NJK Document 25 Filed 03/15/18 Page 4 of 4
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If this extension is granted, all anticipated additional discovery should be completed

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within its stipulated extended deadlines. The parties agree that this request for extension of

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discovery deadlines is made by the parties in good faith and not for purposes of delay.

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BAKER LAW OFFICES
S
500 S. EIGHTH STREET, LAS VEGAS, NEVADA 89101
Phone [phone] ◊ Facsimile [phone]
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DATED this 15th day of March, 2018

DATED this 15th day of March, 2018

BAKER LAW OFFICES

HUTCHISON & STEFFEN, LLC

/s/Lloyd Baker
LLOYD W. BAKER, ESQ.
Nevada Bar No.: 6893
CHRIS CAWLFIELD, ESQ.
Nevada Bar No.: 13668
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

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

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NO FURTHER EXTENSIONS
WILL BE GRANTED.
IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE
March 16, 2018
DATED:

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