Peeler v. State Farm Mutual Automobile Insurance Company
Filing
118
ORDER Granting in Part 116 Stipulation - The request to extend the discovery deadlines sixty days is GRANTED. The parties' additional request within the stipulation to set hearings on the pending motions is GRANTED ONLY as it relates to the 95 motion to compel, the 97 motion for sanctions, the 104 motion for protective order, and the 105 motion to quash. The hearing will be set by separate order. Discovery due by 1/3/2022. Motions due by 2/4/2022. Proposed Joint Pretrial Order due by 3/4/2022. Signed by Magistrate Judge Daniel J. Albregts on 10/28/2021. (Copies have been distributed pursuant to the NEF - DRS)
Case 2:17-cv-02735-JAD-DJA Document 116 Filed 10/14/21 Page 1 of 6
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JAMES E. HARPER
Nevada Bar No. 9822
SABRINA G. WIBICKI
Nevada Bar No. 10669
HARPER | SELIM
1935 Village Center Circle
Las Vegas, Nevada 89134
Phone: (702) 948-9240
Fax: (702) 778-6600
Email: eservice@harperselim.com
Attorneys for Defendant
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MACIE PEELER,
CASE NO.:
Plaintiff,
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STIPULATION AND ORDER TO
EXTEND DISCOVERY CUTOFF
DEADLINE (Fifth Request)
vs.
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STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY; DOES 1 through
10; XYZ CORPORATIONS 11 THROUGH
20; and ABC LIMITED LIABILITY
COMPANIES 21 through 30,
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Defendants.
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2:17-cv-02735-JAD-DJA
Pursuant to Fed. R. Civ. P. 6, Fed. R. Civ. P. 26, LR 26-1, and LR 26-4, Plaintiff, MACIE
PEELER (“Plaintiff”), by and through her counsel of record, NETTLES | MORRIS and MATTHEW
L. SHARP, LTD., and Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY (“Defendant”), by and through its counsel of record, HARPER | SELIM, (collectively,
“the Parties”) hereby stipulate and agree to a sixty (60) day continuance of the close of discovery
deadline.
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Case 2:17-cv-02735-JAD-DJA Document 116 Filed 10/14/21 Page 2 of 6
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I.
STATEMENT OF DISCOVERY COMPLETED
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1.
The parties participated in the Fed. R. Civ. P 26(f) conference on January 2, 2018.
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2.
Plaintiff served her FRCP 26(A) Initial List of Witness and Documents on January 9,
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Plaintiff served her First Supplement to FRCP 26(A) Initial List of Witness and
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2018.
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Documents on March 8, 2018.
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4.
Defendant served its Rule 26.1(a)(1) Initial Disclosure on March 9, 2018.
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5.
Defendant served its Designation of Expert Witness on April 16, 2018.
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6.
Discovery in this case was then stayed on July 25, 2019. ECF 46 at 5:10-11.
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On August 6, 2020, the Court re-set the discovery deadlines in this case. ECF 80.
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8.
Defendant served its Amended Rule 26.1(a)(1) Initial Disclosure on August 18, 2020.
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9.
Plaintiff propounded her First Set of Interrogatories, Requests for Production of
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Documents and Requests for Admission to Defendant on October 27, 2020.
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for Production of Documents and Requests for Admission on December 31, 2020.
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Defendant served its Amended Responses to Plaintiff’s Second Set of Requests for
Production of Documents on May 7, 2021.
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Defendant served its Responses to Plaintiff’s Third Set of Requests for Production of
Documents on February 22, 2021.
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Plaintiff propounded her Third Set of Requests for Production of Documents to
Defendant on January 20, 2021.
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Defendant served its Responses to Plaintiff’s Second Set of Requests for Production
of Documents on December 31, 2020.
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Plaintiff served her Second Set of Requests for Production of Documents to
Defendant on December 3, 2020.
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Defendant served its Responses to Plaintiff’s First Set of Interrogatories, Requests
Defendant served its First Supplemental Designation of Expert Witness on July 12,
2021.
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Case 2:17-cv-02735-JAD-DJA Document 116 Filed 10/14/21 Page 3 of 6
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Plaintiff served her Initial Expert Disclosures on July 12, 2021.
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Defendant propounded its First Set of Interrogatories, Requests for Production of
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Documents, and Requests for Admissions to Plaintiff on July 16, 2021.
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Defendant served its Amended Responses to Plaintiff’s Second Set of Requests for
Production of Documents on July 21, 2021.
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On July 21, 2021, Defendant served Notices of Taking Deposition of Person Most
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Knowledgeable and/or Custodian of Records of Plaintiff’s medical providers re: billing and liens,
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including: Centennial Hills Hospital; Chiropractic Healing; David Ross, M.D.; Desert Radiology;
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HealthCare Partners/Intermountain Healthcare; Henderson Hospital; Interventional Pain and Spine
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Care; Las Vegas Radiology; Neuromonitoring & Monitoring; Nevada Orthopedic and Spine; Nevada
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Spine Clinic; PBS Anesthesia; Shadow Emergency Physicians; Smoke Ranch Surgery Center;
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Surgical Arts Center; and US Anesthesia.
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The deposition of Amy Scribner was taken on July 22, 2021.
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The deposition of Anna Hasenpflug was taken on July 23, 2021.
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23.
The deposition of Defendant’s 30(b)(6) witness, Jason Snyder, was taken on July 23,
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Plaintiff propounded her Fourth Set of Requests for Production of Documents to
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2021.
Defendant on July 23, 2021.
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Defendant propounded its First Set of Interrogatories, Requests for Production of
Documents, and Requests for Admissions to Plaintiff on July 27, 2021.
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Defendant served its Second Supplemental Designation of Expert Witnesses an
Rebuttal to Plaintiff’s Expert Witnesses on August 9, 2021.
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27.
Plaintiff served her Rebuttal Expert Disclosures on August 9, 2021.
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Plaintiff served her Second Supplement to FRCP 26(A) Initial List of Witness and
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Documents on August 9, 2021.
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Defendant served its Responses to Plaintiff’s Fourth Set of Requests for Production of
Documents on August 25, 2021.
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Case 2:17-cv-02735-JAD-DJA Document 116 Filed 10/14/21 Page 4 of 6
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Requests for Production of Documents on September 1, 2021.
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Plaintiff served her Third Supplement to FRCP 26(A) Initial List of Witness and
Documents on September 3, 2021.
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Plaintiff served her Answers/Responses to Defendant’s Second Set of Interrogatories,
Requests for Production of Documents on September 1, 2021.
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Plaintiff served her Answers/Responses to Defendant’s First Set of Interrogatories,
Plaintiff served her Fourth Supplement to FRCP 26(A) Initial List of Witness and
Documents on September 13, 2021.
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2021.
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II.
Plaintiff server her First Supplement to Initial Expert Disclosures on September 13,
DESCRIPTION OF REMAINING DISCOVERY TO BE COMPLETED
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1.
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October 19, 2021
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Deposition of Plaintiff, Macie, Peeler, as previously noticed for October 25, 2021
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Deposition of Plaintiff’s expert, Frederick C. Berry, Jr., as previously noticed for
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Deposition of Plaintiff’s expert, Scott Glogovac, Esq., as previously noticed for
October 26, 2021
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Deposition of Defendant’s expert, Michael Seiff, M.D., requested and his office
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reports that he is not available until late December or early January 2022.
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III.
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REASONS WHY DISCOVERY SHOULD BE EXTENDED
Plaintiff and Defendant have been diligently pursuing discovery in this matter, including
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serving disclosures, serving/answering written discovery, noticing/conducting depositions, and
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disclosing experts and reports. However, the parties concur that additional time is warranted given
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the several issues that have arisen that were brought to the Court’s attention via motion and are still
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pending decisions, all of which would affect the remaining discovery to be completed.
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Specifically pending before the Court are the following motions:
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Case 2:17-cv-02735-JAD-DJA Document 116 Filed 10/14/21 Page 5 of 6
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Plaintiff’s Motion to Compel Production of Defendant’s Unredacted Insurance
Claims File, and Motion for Sanctions (ECF 97);
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State Farm Mutual Automobile Insurance Company’s Objection to Plaintiff’s
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Subpoenas Duces Tecum, Motion to Quash and/or Motion for Protective Order (ECF
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104 and 105); and
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State Farm Mutual Automobile Insurance Company’s Motion for Reinstatement of
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Stay Pending Resolution of State Court Action On Order Shortening Time (ECR
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108).
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The decisions on these motions will affect (1) whether any discovery should be proceeding in this
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action while the underlying related action proceeds in state court, and (2) if so, the scope of the
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remaining witnesses’ testimony.
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In addition to a request to extend discovery, Plaintiff and Defendant request a hearing on the
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pending motions so they can obtain rulings on the outstanding issues. The request is consistent with
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Fed. R. Civ. P. 1 because the court orders will impact future discovery and the parties may avoid
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unnecessary expenses while being able to efficiently conduct discovery and mitigating the likelihood
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of future motions regarding discovery.
Given the state of the case, the Parties have agreed to extend the current discovery deadlines
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for sixty (60) days and would request that this Court, if possible, set hearings to address the
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outstanding motions. The Parties anticipate approximately one (1) hour of court time to resolve the
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motions.
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IV.
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PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY
Plaintiff and Defendant have agreed to extend the current discovery deadline herein for sixty
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(60) days to complete the remaining discovery as outlined above. If approved, the new discovery
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deadlines would be modified as follows:
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Task
Close of Discovery
Dispositive Motions
Joint Pre-Trial Order
Current Deadline
November 4, 2021
December 6, 2021
January 5, 2022
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Proposed Deadline
January 3, 2022
February 2, 2022
March 4, 2022
Case 2:17-cv-02735-JAD-DJA Document 116 Filed 10/14/21 Page 6 of 6
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IT IS SO STIPULATED AND AGREED.
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DATED this 14th day of October, 2021.
DATED this 14th day of October, 2021.
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NETTLES | MORRIS
HARPER | SELIM
/ s / Matthew L. Sharp
/ s / Sabrina G. Wibicki
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______________________________________
BRIAN D. NETTLES
Nevada Bar No. 7462
CHRISTIAN M. MORRIS
Nevada Bar No. 11218
RACHEAL A. ROSS
Nevada Bar No. 14943
1389 Galleria Drive, Suite 200
Henderson, NV 89014
_______________________________________
JAMES E. HARPER
Nevada Bar No. 9822
SABRINA G. WIBICKI
Nevada Bar No. 10669
1935 Village Center Circle
Las Vegas, Nevada 89134
Attorneys for Defendant
MATTHEW L. SHARP
Nevada Bar No. 4746
432 Ridge Street
Reno, NV 89501
Attorneys for Plaintiff
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ORDER
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The parties' Stipulation to Extend Discovery Cutoff Deadline is granted in part and
IT IS SO ORDERED.
denied in part. The request to extend the discovery deadlines sixty days is GRANTED.
The parties' additional request within the stipulation to set hearings on the pending
motions is GRANTED ONLY as it relates to the motion to compel (ECF No. 95), the
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motion for sanctions (ECF No. 97), the motion for protective order (ECF No. 104), and
the motion to quash (ECF No. 105). The hearing will be set by separate order.
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IT IS SO ORDERED.
DATED: October 28, 2021
DATED: October 27, 2021
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UNITEDJ. ALBREGTS
DANIEL STATES MAGISTRATE JUDGE
UNITED STATES MAGISTRATE JUDGE
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