Garcia v. State Farm Mutual Automobile Insurance Company

Filing 22

ORDER granting 21 Stipulation to Complete Discovery; Signed by Magistrate Judge Peggy A. Leen on 12/26/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:18-cv-01029-GMN-PAL Document 21 Filed 12/19/18 Page 1 of 5

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RYAN L. DENNETT, ESQ.
Nevada Bar No. 005617
[e-mail]
JENNIFER INSLEY MICHERI, ESQ.
Nevada Bar No. 010089
[e-mail]
DENNETT WINSPEAR, LLP
3301 N. Buffalo Drive, Suite 195
Las Vegas, Nevada 89129
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant, State Farm
Mutual Automobile Insurance Company

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANTHONY GARCIA,

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Plaintiff,

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vs.

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Case No: 2:18-cv-01029-GMN-PAL

STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, a foreign corporation;
DOES I through X, inclusive, and ROE
CORPORATIONS I through X, inclusive,

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Defendants.
STIPULATION FOR EXTENSION OF TIME IN WHICH TO COMPLETE DISCOVERY
(FIRST REQUEST)

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COME NOW, the parties above named, by and through counsel, and move the
Honorable Magistrate Judge for an Order continuing Discovery, and submit the instant
Stipulation in accordance with LR 6-1 and LR 26-4. The parties hereto previously completed
expert discovery according to the initial expert disclosures on December 3, 2018, according to
the Joint Discovery Plan and Scheduling Order on file herein (Doc #13), no extension of the
expert disclosures dates is contemplated by this stipulation and the parties hereto do not agree
to extend any expert disclosure dates. Thus, as past discovery deadlines in this matter pursuant
to the Joint Discovery Plan and Scheduling Order on file herein (Doc #13) remain closed.
Further, the parties anticipate timely disclosure of rebuttal experts as outlined within the Joint

Case 2:18-cv-01029-GMN-PAL Document 21 Filed 12/19/18 Page 2 of 5

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Discovery Plan and Scheduling Order on file herein (Doc #13), and no extension of that date is

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sought within the instant Stipulation. However, the parties have conferred and agree that an

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extension of time in which to complete all remaining discovery (and specifically complete

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depositions) is warranted, good cause exists for the extension.

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The parties hereby request that the remaining discovery dates in this matter be continued

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for ninety (90) days. The primary basis for the scope of a ninety-day extension is the fact that Dr.

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Rosler's office advised that he is not available for deposition until mid-April 2019. Dr. Rosler is

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Mr. Garcia's treating pain management physician and administered the invasive and alleged

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accident-related treatment to Mr. Garcia in this case. This Stipulation and request for extension

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of dates is made more than twenty-one (21) days before the expiration of the discovery deadline

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(sought to be extended) pursuant to the deadlines for discovery contained within the Joint

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Discovery Plan and Scheduling Order on file herein (Doc #13). This Stipulation is supported by

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good cause. No previous requests or extensions for time in which to complete discovery in this

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matter have been requested in this case.

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The parties hereto are cognizant of the Honorable Magistrate Judge, Peggy A. Leen's

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Minute Order (Doc #15), indicating that no extensions of the dates for discovery contained within

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the Joint Discovery Plan and Scheduling Order on file herein (Doc #13) would be granted without

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a strong showing of good cause and due diligence (Minute Order, Doc #15).

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Counsel submits there is a strong showing of good cause and due diligence, as counsel

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has been working to set necessary depositions and obtain necessary documents identified for

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the first time during Plaintiff's recent deposition, but has been informed by deponents (and

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specifically Drs. Rosler and Kaplan) that no dates are available for deposition until after the

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current deadline for discovery. In order to complete necessary discovery, counsel is requesting

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additional time in which to accomplish depositions of experts, treating physicians and percipient

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witnesses, and obtain newly identified documents and records.

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diligently to set said depositions and obtain relevant records, but requires additional time in

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which to do so.

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Counsel continues to work

In addition, on November 19, 2018, Defendant deposed Plaintiff, Anthony Garcia. On

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Case 2:18-cv-01029-GMN-PAL Document 21 Filed 12/19/18 Page 3 of 5

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that date, Plaintiff revealed for the first time that he sought consult from his primary care

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physician who authored Family Medical Leave Act paperwork authorizing Mr. Garcia to be off

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work, allegedly in connection with a back injury Mr. Garcia claims as related to the motor vehicle

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accident at issue in this case. Moreover, Defendant has been diligent in its efforts to obtain Mr.

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Garcia's employment records. However, Mr. Garcia employer has not provided those records to

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date. Thus, the parties need time in which to explore these additional issues with respect to

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Plaintiff's claims, obtain necessary records and conduct necessary depositions of relevant

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parties in connection with Mr. Garcia's claims of continuing injury.

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An extension of time for discovery is necessary and good cause exists for the extension

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pursuant to Local Rule 26-4. In accordance with Local Rule 26-4(c), such extension is warranted

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so that Defendant may notice necessary depositions to include Plaintiff's physicians and experts,

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and Plaintiff's employer, and obtain complete employment and FMLA records regarding Mr.

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Garcia's claim of accident-related back pain, as well as new medical records identified by Mr.

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Garcia, for the first time, during his deposition. An extension is also warranted and good cause

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exists because Defendant has been diligent in its efforts to set the depositions and obtain the

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employment documents, but has not yet been given the opportunity to notice necessary

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depositions, and to enable the parties to gather evidence necessary in which to support any

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request for dispositive relief in this matter, and so that the parties may adequately prepare their

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case in anticipation of trial.

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Further, in accordance with Local Rule 26-4(c), Plaintiff Garcia disclosed and testified

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about additional necessary and discoverable information regarding alleged ongoing injury during

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his November 19, 2018 deposition. The parties have agreed that an extension of the discovery

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dates are warranted making an extension of time immediately necessary. Counsel continue to

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work together to complete necessary depositions and discovery. Thus, the instant Stipulation to

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extend the remaining dates for discovery for sixty (60) days as requested herein is necessary

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and warranted, with a strong showing of good cause and due diligence by counsel.

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In accordance with Local Rule 26-4 (a): Discovery that has been completed includes

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written discovery by the parties, including Requests for Production of Documents, Interrogatories

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Case 2:18-cv-01029-GMN-PAL Document 21 Filed 12/19/18 Page 4 of 5

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and Requests for Admissions. Further, Defendant State Farm has deposed Plaintiff Anthony

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Garcia. Counsel is currently working together to scheduling remaining depositions as noted

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herein. Significantly, no extension of the dates for expert disclosures are contemplated in this

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case and expert discovery and other discovery dates that have passed are to otherwise remain

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closed.

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Also, the parties executed a Stipulation and Order for Confidentiality, and the Court the

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Court signed the Order on the same (Document #19). Finally, the parties have exchanged

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documents and witnesses pursuant to FRCP 26(a)(1).

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In accordance with Local Rule 26-4(b): Discovery to be completed includes factual

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discovery and depositions. Otherwise, the parties do not wish to re-open expert discovery,

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which remains closed - and no extension of pending rebuttal date is contemplated by this

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Stipulation.

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In accordance with Local Rule 26-4(d):

The parties request an extension and that

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remaining discovery be continued for ninety (90) days. Specifically, that the discovery deadline

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be continued through May 2, 2019, and the parties shall have until July 31, 2019 (30 days after

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the discovery cut-off date) to file dispositive motions.

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consolidated pre-trial order on or before October 29, 2019 (which deadline will be suspended if

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dispositive motions are timely filed, until thirty (30) days after the decision of the dispositive

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motions or until further order of the Court).

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DATED : December 19, 2018

DATED: December 19, 2018

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THE702FIRM

DENNETT WINSPEAR, LLP

By
/s/Mark A. Rouse
MARK A. ROUSE, ESQ.
Nevada Bar No. 012273
400 South 7th Street, #400
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff,
Anthony Garcia

By
/s/Jennifer Insley Micheri
RYAN L. DENNETT, ESQ.
Nevada Bar No. 005617
JENNIFER INSLEY MICHERI, ESQ.
Nevada Bar No. 010089
3301 N. Buffalo Drive, Suite 195
Las Vegas, Nevada 89129
Telephone:
[phone]
Attorneys for Defendant, State Farm Mutual
Automobile Insurance Company

Finally, the parties will prepare a

August 30, 2019

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Case 2:18-cv-01029-GMN-PAL Document 21 Filed 12/19/18 Page 5 of 5

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ORDER
The court is not satisfied that the parties have shown good cause for a 90-day extension of the
discovery plan and scheduling order deadlines. The parties have conducted very little discovery and do
not provide the dates on which the discovery which has been done was initiated. However, as the parties
represent two of the medical experts are not available to have their depositions taken until April 2019, the
court will reluctantly grant the stipulation.
IT IS SO ORDERED.

_______________________________
Peggy A. Leen
United States Magistrate Judge
Dated: December 26, 2018

U.S. MAGISTRATE JUDGE

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Submitted by:

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DENNETT WINSPEAR, LLP

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By
/s/Jennifer Insley Micheri
RYAN L. DENNETT, ESQ.
Nevada Bar No. 005617
JENNIFER INSLEY MICHERI, ESQ.
Nevada Bar No. 010089
3301 N. Buffalo Drive, Suite 195
Las Vegas, Nevada 89129
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant, State Farm
Mutual Automobile Insurance Company

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