Derrick v. State Farm Automobile Insurance Company

Filing 16

ORDER granting 15 Stipulation. Discovery due by 11/16/2018. Motions due by 12/14/2018. Proposed Joint Pretrial Order due by 1/15/2019. Signed by Magistrate Judge Carl W. Hoffman on 6/21/2018. (Copies have been distributed pursuant to the NEF - JM)

1 ROBERT W. FREEMAN, ESQ.
Nevada Bar No. 003062
2 Email: [e-mail]
DANIELLE C. MILLER, ESQ.
3 Nevada Bar No. 009127
Email: [e-mail]
4 LEWIS BRISBOIS BISGAARD & SMITH LLP
6385 S. Rainbow Boulevard, Suite 600
5 Las Vegas, Nevada 89118
702.893.3383
6 FAX: [phone]
Attorneys for Defendant
7 State Farm Mutual Automobile
Insurance Company
8
9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11 KEVIN DERRICK,
12
13

Plaintiff,
vs.

14 STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, DOES
15 INDIVIDUALS I-X; and ROE
CORPORATIONS I-X, inclusive,
16
Defendants.
17
18

CASE NO. 2:18-CV-00512-RFB-CWH
STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
(FIRST REQUEST)
SUBMITTED IN COMPLIANCE WITH LR
26-1(e)

Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

19 (“State Farm”), and Plaintiff, KEVIN DERRICK (“Plaintiff”), by and through their respective
20 counsel, and pursuant to Local Rule 26-4, stipulate to modify their discovery plan as
21 follows:
22

1.

Plaintiff filed his Complaint in the Eighth Judicial District Court for Clark

23 County, Nevada on February 12, 2018.

State Farm removed said case to the U.S.

24 District Court for the District of Nevada on March 20, 2018 (ECF No. 1).
25

2.

The parties held their F.R.C.P. 26 conference on April 18, 2018, and in

26 compliance with F.R.C.P. 26(f) and LR 26-1(e) filed their initial Stipulated Discovery Plan
27 and Scheduling Order on April 23, 2018 (ECF No. 12).

LEWIS

28

3.

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4815-2846-0651.1

On April 24, 2018, the Magistrate established the following discovery plan

1 (ECF No. 12):
2

5

Last day to amend/add:
Initial expert disclosure:
Rebuttal expert disclosure:
Last day of discovery:
Dispositive motions filed:
Joint pre-trial order:

6

4.

3
4

June 19, 2018
July 19, 2018
August 17, 2018
September 17, 2018
October 17, 2018
November 16, 2018

In compliance with Local Rule 26-4, the parties provide the following

7 information regarding the discovery status:
a.

8

Discovery Completed: The parties have exchanged initial disclosures

9 of witnesses and documents. State Farm has served written discovery and is in the
10 process of scheduling Plaintiff’s deposition. State Farm is awaiting receipt of signed
11 medical authorizations to begin the process of independently obtaining Plaintiff’s medical
12 records arising out of the subject accident.
13

b.

Discovery that remains to be completed: Additional time is needed for State

14 Farm to obtain all of Plaintiff’s relevant pre and post accident medical records. Additional
15 time is also needed for State Farm to retain an expert and to coordinate scheduling
16 Plaintiff’s Rule 35 Examination. The depositions of the parties’ retained experts will also
17 be necessary.
18

c.

Reasons why discovery was not completed: The parties’ current Discovery

19 Plan and Scheduling Order (ECF No. 12) does not provide sufficient time to allow State
20 Farm to obtain all of Plaintiff’s medical records.

With the exception of Plaintiff’s

21 emergency medical care, the majority of Plaintiff’s medical treatment occurred in
22 Wisconsin. Thus, State Farm will need to allow Plaintiff’s medical providers sufficient
23 time to comply with State Farm’s subpoenas given that they are all located out-of-state.
24 Additional time is also needed to allow State Farm to coordinate scheduling Plaintiff’s
25 Rule 35 Examination. Because Plaintiff resides in Wisconsin, State Farm will similarly
26 need to provide Plaintiff with sufficient time to make travel arrangements in order to
27 appear for his Rule 35 Examination. The parties will also need time to complete the

LEWIS

28 depositions of the parties’ retained experts. Additional time for discovery is necessary to

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4815-2846-0651.1

2

1 avoid prejudice and to facilitate a fair and just investigation of Plaintiff’s alleged injuries
2 and with respect to Plaintiff’s claims against State Farm.
3

d.

Proposed schedule for completion of remaining discovery (extension of

4 remaining deadlines by approximately 60 days):
5

Last day to amend/add:

August 17, 2018

6

Initial expert disclosure:

September 17, 2018

7

Rebuttal expert disclosure:

October 16, 2018

8

Last day of discovery:

November 16, 2018

9

Dispositive motions filed:

December 14, 2018

10

Joint pre-trial order:

January 15, 2019

11

SUBMITTED BY THE FOLLOWING COUNSEL OF RECORD:

12 DATED this 20th day of June, 2018.

DATED this 20th day of June, 2018.

13 RICHARD HARRIS LAW FIRM

LEWIS BRISBOIS BISGAARD & SMITH

14

/s/ Johnathan M. Leavitt

15 By_____________________________
RICHARD A. HARRIS, ESQ.
16
Nevada Bar No. 000505
JOHNATHAN M LEAVITT, ESQ.
17
Nevada Bar No. 013172
801 S. Fourth Street
18
Las Vegas, Nevada 89101
19
Attorneys for Plaintiff

/s/ Danielle C. Miller
By
ROBERT W. FREEMAN, ESQ.
Nevada Bar No. 003062
DANIELLE C. MILLER, ESQ.
Nevada Bar No. 009127
6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
Attorneys for Defendant
State Farm Mutual Automobile
Insurance Company

20
21

IT IS SO ORDERED:

22

____________________________________
UNITED STATES MAGISTRATE JUDGE

23
24

June 21, 2018
DATED: ________________________

25
26
27

LEWIS

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4815-2846-0651.1

LLP

3