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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1 2 3 4 5 6 7 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 (702) 383-6000 Fax: (702) 477-0088 Attorneys for Defendant GEICO GENERAL INSURANCE COMPANY 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 MILLICENT WANJOHI, Plaintiff, 12 13 14 15 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, 16 Defendants. 17 18 19 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. 20 I. 21 CURRENT SCHEDULING ORDER DATES 22 Plaintiff’s case has not yet been set for a jury trial. The current discovery deadlines are 23 based off of a stipulated discovery plan, which was submitted in compliance with LR 26-1(e) on 24 January 12, 2018. A scheduling order, based on this plan, was entered on January 16, 2018. 25 Pursuant to this order, the current discovery deadline dates are: 26 • Fed. R. Civ. P. 26(a)(1) Initial Disclosures: January 29, 2018 27 • Final Date to Amend Pleadings or Add Parties: February 12, 2018 28 • Final Date for Initial Expert Disclosures: March 12, 2018 1 1 • Final Date for Rebuttal Expert Disclosures: April 16, 2018 2 • Close of Discovery: May 14, 2018 3 • Final Date for Dispositive Motions: June 11, 2018 4 • Final Date for Pretrial Order: July 9, 2018 5 II. 6 STATEMENT OF COMPLETED DISCOVERY 7 The Parties have completed their initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1). 8 These were completed by both parties on or before the January 29, 2018, deadline, in compliance 9 with the current scheduling order. 10 III. 11 DESCRIPTION OF DISCOVERY THAT REMAINS TO BE COMPLETED 12 The Parties need to complete written discovery, deposition discovery, initial expert 13 discovery, and rebuttal expert discovery. 14 IV. 15 GOOD CAUSE FOR EXTENSION OF REMAINING DEADLINES 16 Since the initial case conference on December 15, 2017, the Parties have attempted in 17 good faith to remove and/or resolve this action through alternative dispute resolution methods. 18 The Parties initially discussed the possibility of removing this action to binding arbitration, 19 however, the Parties were unable to reach a negotiated arbitration agreement. The Parties 20 subsequently discussed the possibility of resolving this action through mediation, however, the 21 Parties were unable to reach a negotiated mediation agreement. Throughout this approximately 22 six-week period, the Parties did not conduct any discovery, other than initial disclosures, as it 23 was expected that the action would either be resolved or removed to arbitration. 24 During the week of January 29, 2018, the Parties agreed that further attempts at 25 alternative dispute resolution would be unproductive for the time being. The Parties now intend 26 to actively pursue discovery in this Court, the close of discovery is just over three months away, 27 and the initial expert disclosure deadline is just over one month away. The Parties agree that, no 28 matter how diligent and active their efforts, this is insufficient time to conduct all necessary and 2 1 meaningful discovery. The Parties further expect that thorough and meaningful discovery may 2 lead to a breakthrough regarding alternative dispute resolution possibilities. 3 V. 4 PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY 5 Based on the foregoing, the Parties respectfully request that this Court grant a five-week 6 extension of the remaining discovery deadlines, except for the final date to amend pleadings or 7 add parties, which is less than 21 days from now (see LR 26-4). This would result in the 8 following deadlines: 9 • Final Date to Amend Pleadings or Add Parties: February 12, 2018 10 • Final Date for Initial Expert Disclosures: April 16, 2018 11 • Final Date for Rebuttal Expert Disclosures: May 21, 2018 12 • Close of Discovery: June 18, 2018 13 • Final Date for Dispositive Motions: July 16, 2018 14 • Final Date for Pretrial Order: August 13, 2018 15 16 17 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 (702) 444-4444 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 (702) 383-6000 Attorney for Defendant 18 19 20 21 22 23 24 25 26 27 28 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. 3

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