Wood et al v. Nautilus Insurance Company

Filing 298

ORDER granting ECF No. 296 Stipulation to Extend Time. The discovery deadline solely to depose Mr. Strzelec is extended to October 4, 2021. No other deadlines shall be affected by this continuance. Signed by Magistrate Judge Daniel J. Albregts on 8/31/2021. (Copies have been distributed pursuant to the NEF - SC)

Case 2:17-cv-02393-MMD-DJA Document 298 Filed 08/31/21 Page 1 of 5

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CASEY J. QUINN
NEVADA BARNO. 11248
SELMAN BREITMAN LLP
3993 Howard Hughes Parkway, Suite 200
Las Vegas, NV 89169-0961
Telephone:
702.228.7717
Facsimile:
702.228.8824
Email: [e-mail]

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LINDA WENDELL HSU (Pro Hae Vice)
CALIFORNIA BAR NO. 162971
SAMUELE. LIPSITZ (Pro Hae Vice)
CALIFORNIA BAR NO. 331407
SELMAN BREITMAN LLP
33 New Montgomery, Sixth Floor
San Francisco, CA 94105
Telephone:
415.979.0400
Facsimile:
415.979.2099
Email: [e-mail]
Attorneys for Defendant/Cross-Claimant
NAUTILUS INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEV ADA

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STIPULATION AND fPROPOSEDl ORDER
FOR EXTENSION OF EXPERT WITNESS
DISCOVERY DEADLINE

Plaintiffs,

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Case No. 2:17-CV-02393-MMD-DJA

ROBERT "SONNY" WOOD, an individual;
ACCESS MEDICAL, LLC, a Delaware limited
liability company,

V.

NAUTILUS INSURANCE GROUP, a Delaware
limited liability company, et al.,

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Defendant.
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NAUTILUS INSURANCE COMP ANY,
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Cross-Claimant,
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V.

ROBERT "SONNY" WOOD; ACCESS
MEDICAL, LLC; FLOURNOY
MANAGEMENT, LLC AND ROES 1-10,
inclusive,

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Counter-Defendants.
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3892 42806 4845-1824-. 64 .v3

Case 2:17-cv-02393-MMD-DJA Document 298 Filed 08/31/21 Page 2 of 5

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Pursuant to ECF No. 240, the Court extended the discovery cutoff date to February 16, 2021.

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In ECF No. 257, the Court entered an order extending the expert disclosure deadline to January 8,

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2021 and the rebuttal expert deadline to February 8, 2021. On January 8, 2021, Robert "Sonny"

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Wood and Access Medical, LLC ("Plaintiffs"), along with Nautilus Insurance Company

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("Nautilus"; collectively, Plaintiffs and Nautilus are the "Parties") exchanged expert disclosures and

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expert reports. On February 10, 2021, Nautilus filed an "Emergency Motion to Strike Plaintiffs'

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Expert Witness Report; Request for Sanctions" (the "Motion to Strike"). ECF No. 259. On the

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same day, the Court issued an order stating: (1) that the Motion to Strike would be subject to the

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normal briefing schedule; and (2) that the deadline for expert witness discovery was continued until

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six (6) calendar days after the court issued an order on the Motion to Strike. ECF No. 260.

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On August 23, 2021, the Court issued an order denying the Motion to Strike (the "Motion to

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Strike Order"). ECF No. 295. Based on the timeframe set forth in ECF No. 260, the deadline for

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expert witness discovery is currently Sunday, August 29, 2021. In the time since the Court issued

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the Motion to Strike Order, the Parties have diligently conferred regarding the scheduling of

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Nautilus's deposition of Plaintiffs' expert witness, Stephen L. Strzelec. However, due to the short

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timeframe between the issuance of the Motion to Strike Order and the current expert witness

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discovery deadline, the Parties have been unable to select a mutually agreeable date/time to depose

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Mr. Strzelec before the expiration of the expert witness discovery deadline.

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During the meet and confer process, counsel for Plaintiffs was reluctant to continue

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discovery again based upon the lengthy history of the case and number of prior extensions. Further,

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Plaintiffs' counsel believed the remaining time ( 6 days) for discovery was insufficient to allow for

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proper "reasonable" notice under the Federal Rules of Civil Procedure and, therefore, believed that

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Nautilus was not entitled to depose Mr. Strzelec. Despite these reservations, and in the interest of

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judicial economy, Plaintiffs have reluctantly agreed to this stipulation.

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believed that it was entitled to depose Mr. Strzelec and was prepared to depose Mr. Strzelec or take

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his deposition non-appearance prior to the expiration of the current expert witness discovery

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deadline. If Nautilus would have been forced to take Mr. Strzelec's non-appearance, Nautilus was

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prepared to move forward with a motion to compel his deposition testimony. In the interest of
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3892 42806 4845-1824-

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Conversely, Nautilus

Case 2:17-cv-02393-MMD-DJA Document 298 Filed 08/31/21 Page 3 of 5

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judicial economy though and to progress this case forward, Nautilus agreed to this stipulation as

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well.

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To provide the Parties enough time to conduct the deposition of Mr. Strzelec, Plaintiffs'

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disclosed expert witness, and to provide the Parties enough time to analyze the testimony, the Parties

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hereby stipulate to continue the discovery deadline solely to depose Mr. Strzelec to October 4, 2021.

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No other deadlines will be affected by this continuance.
In compliance with Local Rule 26-3:

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Discovery that remains to be completed: The deposition of Mr. Strzelec, Plaintiffs'
disclosed expert witness.

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The Parties have completed all written discovery and

Plaintiffs have completed their expe1i discovery.

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Discovery completed:

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Reasons why deadline was not satisfied: Nautilus was awaiting a ruling from the

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District Court Judge on the Motion to Strike. To prevent Nautilus from potentially

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incurring unnecessary deposition costs, ;1',1r. Strzelec's deposition was not taken

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while the Motion to Strike was pending. After the Court issued the Motion to Strike

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Order, the Parties communicated in an attempt to schedule Mr. Strzelec's deposition

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before the current expert witness discovery deadline passed. Due to scheduling

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conflicts though, the Parties were not able to agree on a mutually convenient date.

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Proposed schedule:

The deposition of Mr. Strzelec, Plaintiffs' disclosed expert

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witness, will be completed as soon as schedule permits, but by no later than October

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4, 2021.

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3892 42806 4845-1824-

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Case 2:17-cv-02393-MMD-DJA Document 298 Filed 08/31/21 Page 4 of 5

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The Parties are committed to completing expert witness discovery by the date requested

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herein.

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IT IS SO STIPULATED.

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DATED: August 26, 2021

SELMAN BREITMAN LLP

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By:

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Isl Casey J Quinn
CASEY J. QUINN
NEVADA BAR NO. 11248
LINDA WENDELL HSU (PRO HAC VICE)
CALIFORNIA BAR NO. 162971
SAMUEL E. LIPSITZ (PRO HAC VICE)
CALIFORNIA BAR NO. 331407
33 New Montgomery, Sixth Floor
San Francisco, CA 94105-4537
Phone: [phone]
Facsimile: 415.979.2099
Attorneys for Defendant/Cross-Claimant
NAUTILUS INSURANCE COMPANY

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DATED: August 26, 2021

THE SCHNITZER LAW FIRM

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By:

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Isl Jordan P. Schnitzer
JORDAN P. SCHNITZER
NEVADA BARNO. 10744
9205 W. Russell Road, Suite 240
Las Vegas, NV 89148
Phone: [phone]
Facsimile: [phone]
Attorneys for Defendants ACCESS MEDICAL,
LLC and ROBERT CLARK WOOD, II

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IT IS SO ORDERED:
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August
2021
Dated: - - - 31, - - -

Magistrate Judge Daniel J. Albregts

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3892 42806 4845-1824-

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Case 2:17-cv-02393-MMD-DJA Document 298 Filed 08/31/21 Page 5 of 5

Bonnie Juarez
From:

Jordan Schnitzer <[e-mail]>
Thursday, August 26, 2021 4:18 PM
Sam E. Lipsitz
Linda Wendell Hsu; Bonnie Juarez; Melisa Gabhart
RE: 2021.08.26 SAO for Extension of Expert Discovery Deadline

Sent:
To:

Cc:
Subject:

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

You may add my e-signature.
Based upon your representation, I will find out when Mr. Strzelec and I both have half a day available, either a morning
or afternoon.

JordanP. Schnitzer, Esq.
T H E

SCHNITZER
LAW FIRM

TheSchnitzerLawFirm.com
Tel [phone] I Fax [phone]
Email [e-mail]
9205 West Russell Road I Suite 240 I Las Vegas, Nevada 89148
This electronic message and any attachments come from a law firm and may contain information that is or may be legally privileged, confidential, proprietary in nature, or otherwise protected by law from disclosure. The
message and attachments are intended only for the use of the addressee. If you arc not the intended recipient, please contact me so that any mistake in transmission can be corrected and then delete the message and any
allachments from your system. Thank you.

From: Sam E. Lipsitz <[e-mail]>

Sent: Thursday, August 26, 2021 4:15 PM
To: Jordan Schnitzer <[e-mail]>
Cc: Linda Wendell Hsu <[e-mail]>; Bonnie Juarez <[e-mail]>; Melisa Gabhart
<[e-mail]>
Subject: RE: 2021.08.26 SAO for Extension of Expert Discovery Deadline

Jordan,
Please see attached with my final proposed red line revisions. If you agree, we'll get it on file.
We anticipate that we'll likely need somewhere between 2-4 hours to conduct Mr. Strzelec's deposition. We'll wait to
hear from you regarding potential dates/times.

Sam E. Lipsitz
Associate

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