Wanjohi v. Geico General Insurance Company

Filing 14

ORDER granting 13 Stipulation; Discovery due by 6/18/2018. Motions due by 7/16/2018. Proposed Joint Pretrial Order due by 8/13/2018. Signed by Magistrate Judge Cam Ferenbach on 2/12/2018. (Copies have been distributed pursuant to the NEF - JM)

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JAMES P.C. SILVESTRI, ESQ.
Nevada Bar No. 3603
WALTER F. FICK, ESQ.
Nevada Bar 14193
PYATT SILVESTRI
701 Bridger Ave., Suite 600
Las Vegas, NV 89101
[phone]
Fax: [phone]
Attorneys for Defendant
GEICO GENERAL INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MILLICENT WANJOHI,
Plaintiff,

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vs.

CASE NO.: 2:17-CV-02902-GMN-VCF
STPULATION AND ORDER TO EXTEND
SCHEDULED DISCOVERY DEADLINES
(FIRST REQUEST)

GEICO GENERAL INSURANCE
COMPANY; DOE INDIVIDUALS I-X,
inclusive; and ROE CORPORATIONS I-X,
inclusive,

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Defendants.

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The parties hereto, by and through their undersigned counsel of record, hereby stipulate
to extend the time for discovery in this matter. This is the first request for such extension.

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I.

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CURRENT SCHEDULING ORDER DATES

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Plaintiff’s case has not yet been set for a jury trial. The current discovery deadlines are

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based off of a stipulated discovery plan, which was submitted in compliance with LR 26-1(e) on

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January 12, 2018. A scheduling order, based on this plan, was entered on January 16, 2018.

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Pursuant to this order, the current discovery deadline dates are:

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•

Fed. R. Civ. P. 26(a)(1) Initial Disclosures:

January 29, 2018

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Final Date to Amend Pleadings or Add Parties:

February 12, 2018

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Final Date for Initial Expert Disclosures:

March 12, 2018

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Final Date for Rebuttal Expert Disclosures:

April 16, 2018

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Close of Discovery:

May 14, 2018

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Final Date for Dispositive Motions:

June 11, 2018

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Final Date for Pretrial Order:

July 9, 2018

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II.

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STATEMENT OF COMPLETED DISCOVERY

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The Parties have completed their initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1).

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These were completed by both parties on or before the January 29, 2018, deadline, in compliance

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with the current scheduling order.

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III.

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DESCRIPTION OF DISCOVERY THAT REMAINS TO BE COMPLETED

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The Parties need to complete written discovery, deposition discovery, initial expert

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discovery, and rebuttal expert discovery.

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IV.

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GOOD CAUSE FOR EXTENSION OF REMAINING DEADLINES

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Since the initial case conference on December 15, 2017, the Parties have attempted in

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good faith to remove and/or resolve this action through alternative dispute resolution methods.

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The Parties initially discussed the possibility of removing this action to binding arbitration,

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however, the Parties were unable to reach a negotiated arbitration agreement. The Parties

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subsequently discussed the possibility of resolving this action through mediation, however, the

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Parties were unable to reach a negotiated mediation agreement. Throughout this approximately

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six-week period, the Parties did not conduct any discovery, other than initial disclosures, as it

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was expected that the action would either be resolved or removed to arbitration.

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During the week of January 29, 2018, the Parties agreed that further attempts at

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alternative dispute resolution would be unproductive for the time being. The Parties now intend

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to actively pursue discovery in this Court, the close of discovery is just over three months away,

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and the initial expert disclosure deadline is just over one month away. The Parties agree that, no

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matter how diligent and active their efforts, this is insufficient time to conduct all necessary and

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meaningful discovery. The Parties further expect that thorough and meaningful discovery may

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lead to a breakthrough regarding alternative dispute resolution possibilities.

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V.

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PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY

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Based on the foregoing, the Parties respectfully request that this Court grant a five-week

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extension of the remaining discovery deadlines, except for the final date to amend pleadings or

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add parties, which is less than 21 days from now (see LR 26-4). This would result in the

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following deadlines:

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Final Date to Amend Pleadings or Add Parties:

February 12, 2018

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Final Date for Initial Expert Disclosures:

April 16, 2018

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Final Date for Rebuttal Expert Disclosures:

May 21, 2018

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Close of Discovery:

June 18, 2018

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Final Date for Dispositive Motions:

July 16, 2018

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Final Date for Pretrial Order:

August 13, 2018

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Dated this 7th of February, 2018.

Dated this 7th of February, 2018.

RICHARD HARRIS LAW FIRM

PYATT SILVESTRI

/s/ Ian C. Estrada
IAN C. ESTRADA, ESQ.
Nevada Bar No. 12575
801 South Fourth St.
Las Vegas, Nevada 89101
[phone]
Attorney for Plaintiff

/s/ Walter F. Fick
JAMES P.C. SILVESTRI, ESQ.
Nevada Bar No. 3603
WALTER F. FICK, ESQ.
Nevada Bar No. 14193
701 Bridger Avenue, Suite 600
Las Vegas, Nevada 89101
[phone]
Attorney for Defendant

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IT IS SO ORDERED.
February
12th
Dated this ___ of ________________, 2018.
If dispositive motions are filed, the
deadline for filing the joint pretrial order
____________________________________
will be suspended until 30 days after
UNITED STATES MAGISTRATE JUDGE
decision on the dispositive motions or
further court order.
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