Francis v. Farmers Insurance Exchange

Filing 14

ORDER Granting 13 First Stipulation to Extend Discovery Deadlines. Discovery due by 10/22/2018. Motions due by 11/21/2018. Proposed Joint Pretrial Order due by 12/21/2018. Signed by Magistrate Judge Cam Ferenbach on 6/1/2018. (Copies have been distributed pursuant to the NEF - SLD)

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David J. Feldman, Esq.
Nevada Bar No. 5947
THE FELDMAN FIRM
8831 West Sahara Avenue
Las Vegas, Nevada 89117
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant Mid-Century Insurance
Company

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOHN FRANCIS, and individual,

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Plaintiff,
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vs.
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MID-CENTURY INSURANCE COMPANY:
ROE CORPORATIONS I through X,
inclusive,

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Defendants.
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Case No.: 2:18-cv-00344
STIPULATION AND ORDER TO
EXTEND DISCOVERY
DEADLINES
(FIRST REQUEST)

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Pursuant to Local Rules 6-1 and 26-4, the parties, by and through their respective counsel

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of record, hereby stipulate to and request that the Court extend the initial expert disclosure, interim

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status report, rebuttal expert disclosure, discovery cut-off, dispositive motion and Pretrial Order

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deadlines by sixty (60) days. The parties request this extension for the following reasons:

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The Petition for Removal was filed on February 23, 2018 (ECF No. 1). On April 13, 2018,
a discovery plan was approved by the Court (ECF No. 9).

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The current discovery plan contemplates the exchange of expert witness reports on June

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22, 2018, the exchange of rebuttal witness reports on July 23, 2018, a discovery cut-off of August

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22, 2018, and a dispositive motions deadline of September 21, 2018.

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1.

DISCOVERY COMPLETED:
Both parties have made their initial disclosures pursuant to FRCP 26. Defendant is in the

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process of setting Plaintiff’s deposition.

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...

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2.

DISCOVERY THAT REMAINS TO BE COMPLETED:

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Defendant is retaining a physician to conduct a medical records review of Plaintiff, and

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it is anticipated that upon completion of Plaintiff’s deposition, depositions will be taken of

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Plaintiff’s treating physicians, as well as any designated expert(s) and rebuttal expert(s).

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Plaintiffs will set depositions of claims employees, and Plaintiffs intend to take depositions

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of Defendant’s expert(s).

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3.

REASONS WHY DISCOVERY HAS NOT BEEN COMPLETED AND WHY

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INITIAL EXPERT AND REBUTTAL EXPERT DISCLOSURES AND RELATED

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DEADLINES SHOULD BE EXTENDED.

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The parties are still in the discovery process. Plaintiff is still receiving medical treatment,

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and Defendant is still gathering records. Once all records are gathered, Defendant’s medical

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expert will need additional time to review them. An extension of the initial expert disclosure

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deadline to August 23, 2018 is requested to allow Defendant to have Plaintiff’s medical records

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reviewed and the physician to provide his reports.

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In addition, additional time will allow the parties to explore the possibility of settling this

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matter, without incurring additional expert expenses, if the same can be avoided, or subjecting the

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parties to any prejudice if settlement cannot be obtained. Counsel are in agreement that

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modification of all pending dates in the discovery plan is the most reasonable option. Accordingly,

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the parties have agreed to extend the deadlines to exchange expert reports, both initial and rebuttal,

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by sixty (60) days and to extend all of the related discovery deadlines in this case, as set forth

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below:

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4.

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PROPOSED SCHEDULE FOR COMPLETING DISCOVERY:
The parties have agreed to the following modified deadlines:

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A.

Initial expert disclosure date: August 23, 2018 (formerly June 22, 2018).

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B.

Interim status report date: August 23, 2018 (formerly June 22, 2018).

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C.

Rebuttal expert disclosure date: September 21, 2018 (formerly July 23,

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2018).
D.

Discovery cut-off date: October 22, 2018 (formerly August 22, 2018).

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E.

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Date for filing dispositive motions: November 21, 2018 (formerly
September 21, 2018).

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Date for filing Pretrial Order: December 21, 2018 (formerly October
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(with date to change if dispositive motions filed).
THEREFORE, the parties stipulate and request that the Court enter an Order approving
the proposed discovery schedule set forth above.
IT IS SO STIPULATED.
Dated: ___5/31/2018__________________

Dated: _____5/31/2018__________

___/s/ David Feldman_________________
David J. Feldman, Esq.
Nevada Bar No. 5947
THE FELDMAN FIRM
8831 West Sahara Avenue
Las Vegas, Nevada 89117
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant Mid-Century
Insurance Company

______/s/ Daniel Dastrup______________
Roger M. Cram, Esq.
Nevada Bar No.: 006612
Daniel Dastrup, Esq.
NV Bar #: 13677
CRAM VALDEZ BRIGMAN & NELSON
2451 S. Buffalo Dr., #120
Las Vegas, Nevada 89117
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff John Francis

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IT IS SO ORDERED.

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_______________________________________
Cam Ferenbach
United States Magistrate Judge

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June 1, 2018
DATED: _________________________

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