Peeler v. RLI Insurance Company

Filing 19

ORDER. IT IS ORDERED that the parties shall exercise their best good faith efforts to complete arbitration no later than 11/30/2018. The parties shall provide joint status reports outlining their progress every 60 days until arbitration is comp leted, with the next status report due 8/2/2018. Failure to exercise diligence in complying with this order to complete arbitration by 11/30/2018 may result in an order lifting the stay. Signed by Magistrate Judge Peggy A. Leen on 6/7/2018. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BRIAN PEELER,

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v.

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Plaintiff,

ORDER

RLI INSURANCE COMPANY,
Defendant.

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Case No. 2:18-cv-00045-JCM-PAL

This matter is before the court on the parties’ Joint Status Report (ECF No. 18) filed May
31, 2018.

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The complaint in this case was filed in states court December 7, 2017 and removed (ECF

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No 1) January 18, 2018. Plaintiff alleges injuries arising out of a May 18, 2015 automobile

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accident while driving his employer’s vehicle. He settled with the driver of the other vehicle

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involved in the collision for policy limits of $15,000, and made a UM/UIM claim under his

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employer’s policy which has limits of $1,000,000. He was offered $45,000 to compensate him for

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his loss but claims the offer was insufficient given his injuries and past and future medical specials.

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On April 3, 2018, the court held a hearing on the parties’ March 14, 2018 joint motion to

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stay this case for 6 months pending mandatory arbitration. The court granted a 60-day stay

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advising the parties that they must proceed expeditiously with scheduling and completing

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arbitration. The court required the parties to submit a joint status report in 60 days outlining their

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progress. The parties’ status report advises that they have engaged in written discovery, each side

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selected an arbitrator and the two arbitrators will select a third neutral. On May 22, 2018,

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plaintiff’s counsel advised defendant’s counsel that plaintiff will “pursue shoulder surgery.” The

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defendant has requested an IME before the surgery.

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The parties jointly request that the stay be extended through November 2018, to give them

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sufficient time to obtain medical records, conduct an IME, and for plaintiff to undergo the shoulder

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surgery and rehab so that he can meaningfully participate in the arbitration. This exceeds the

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original request for a 6 month stay substantially. The court will grant the request with the caveat

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that the court expects the arbitration to be completed by November 30, 2018. The accident

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occurred more than 3 years ago, and there most certainly was a claims process before the lawsuit

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was filed. The court will not extend the stay of this case indefinitely while the parties pursue

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arbitration.
IT IS ORDERED:

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1. The parties shall exercise their best good faith efforts to complete arbitration no later

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than November 30, 2018.

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2. The parties shall provide joint status reports outlining their progress every 60 days until

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arbitration is completed, with the next status report due August 2, 2018.

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3.

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November 30, 2018 may result in an order lifting the stay.

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Failure to exercise diligence in complying with this order to complete arbitration by

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DATED this 7th day of June, 2018.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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