Calderon v. USAA Casualty Insurance Company

Filing 17

ORDER granting 16 Stipulation to Extend (Third Request) - Discovery due by 10/14/2021. Motions due by 11/12/2021. Proposed Joint Pretrial Order due by 12/13/2021. Signed by Magistrate Judge Brenda Weksler on 4/26/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:20-cv-01049-JCM-BNW Document 16 Filed 04/22/21 Page 1 of 5

1 ROBERT W. FREEMAN
Nevada Bar No. 3062
2 E-Mail: [e-mail]
PAMELA L. McGAHA
3 Nevada Bar No. 8181
E-Mail: [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 USAA Casualty Insurance Company
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA, SOUTHERN DIVISION

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***

11 LUIS CALDERON, an individual,

CASE NO.: 2:20-cv-1049-JCM-BNW

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STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES

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Plaintiff,
vs.

14 USAA CASUALTY INSURANCE
COMPANY, a Foreign Corporation; DOES 115 10 AND ROE ENTITIES 11-20,
INCLUSIVE,
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Defendants.
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[THIRD REQUEST]

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

19 record, hereby stipulate and request that this Court extend discovery in the above-captioned case by
20 ninety (90) days, up to and including Thursday, October 14, 2021. In addition, the parties request
21 that all other future deadlines contemplated by the Discovery Plan and Scheduling Order be
22 extended pursuant to Local Rule. In support of this Stipulation and Request, the parties state as
23 follows:
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1.

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County.
2.

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LEWIS

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ATTORNEYS AT LAW

On April 24, 2020 Plaintiff filed his First Amended Complaint in District Court,
Clark County.

3.

BRISBOIS

BISGAARD
& SMITH LLP

On March 19, 2020, Plaintiff filed his Complaint in the District Court, Clark

4829-5077-8598.1

On June 12, 2020, Defendant removed the case to the United States District Court.

Case 2:20-cv-01049-JCM-BNW Document 16 Filed 04/22/21 Page 2 of 5

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4.

On June 19, 2020, Defendant filed its Answer to Complaint.

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5.

On August 17, 2020 the parties conducted an initial FRCP 26(f) conference

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On August 31, 2020, the Court entered the Stipulated Discovery Order.

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7.

On September 9, 2020, Plaintiff served his FRCP 26 Initial Disclosures on

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Defendant.
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Plaintiff.
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On January 21, 2021, Plaintiff served his Second Supplement to Initial Disclosures
on Defendant.

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On January 21, 2021, Plaintiff served written discovery on Defendant. Defendant
served its responses on March 9, 2021.

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On December 7, 2020, Plaintiff served his First Supplement to Initial Disclosures
on Defendant.

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On November 30, 2020, Defendant served written discovery on Plaintiff. Plaintiff
served his responses on December 7, 2020.

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On November 24, 2020, the parties stipulated to their first extension to deadlines.
This Court granted the stipulation on December 1, 2020.

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On September 17, 2020, Defendant served its FRCP 26 Initial Disclosures on

On February 22, 2021, Defendant served its First Supplement to Initial Disclosures
on Plaintiff.

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On February 23, 2021, the parties stipulated to their second extension to deadlines.
This Court granted the stipulation on February 25, 2021.

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DISCOVERY REMAINING

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1.

The parties will continue participating in written discovery.

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2.

Defendant will take the deposition of Plaintiff.

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3.

Defendant will gather records/documents pertinent to Plaintiff’s claim.

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4.

The parties may take the depositions of any and all other witnesses garnered

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LEWIS

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through discovery.
5.

The parties will retain and disclose initial and rebuttal experts.

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4829-5077-8598.1

2

Case 2:20-cv-01049-JCM-BNW Document 16 Filed 04/22/21 Page 3 of 5

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6.

The parties will depose the respective expert witnesses.

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7.

The BMW involved in the loss which occurred in Mexico, was repatriated from

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Mexico and is now available for inspection in a storage/impound yard in San

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Diego, CA. Accordingly, the parties are working to schedule a joint inspection of

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the vehicle in California and potential removal of the vehicle’s black box and/or

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other electronic data which can be provided to the parties’ consultant/experts for

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forensic analysis.

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WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED
The parties aver, pursuant to Local Rule 26-4, that good cause exists for the following

10 requested extension. This Request for an extension of time is not sought for any improper purpose
11 or other purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing
12 sufficient time to conduct discovery.
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First, the subject vehicle was repatriated to the United States and is now available for

14 inspection at a storage/impound yard in San Diego. The parties have been communicating in an
15 effort to schedule a joint inspection. The parties need additional time in which to arrange an
16 inspection of the vehicle involving the attendance of multiple persons, and arrange travel to the out
17 of state storage facility, consistent with applicable COVID-19 restrictions. The inspection is
18 intended to include potential removal of the vehicle’s black box and/or other available electronic
19 data which can be provided to the parties’ consultant/experts for forensic analysis. The parties are
20 working to identify a date in May 2021 if possible that multiple persons can travel to San Diego to
21 complete this inspection. For this reason, expert designations are impacted. As counsel understands
22 the process of trying to remove the black box and any other available electronic data from the
23 vehicle, once this data is extracted, it will need to be made available separately to each party’s expert
24 for forensic analysis, before expert designations can be made. Thus, additional time is necessary to
25 ensure the parties can complete this forensic analysis of data from the subject vehicle and make
26 determinations regarding expert designations. This process may also impact additional related
27 discovery not previously contemplated by the parties.

LEWIS

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Second, the ongoing impact on discovery by the current COVID-19 crisis, while appearing

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4829-5077-8598.1

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Case 2:20-cv-01049-JCM-BNW Document 16 Filed 04/22/21 Page 4 of 5

1 to improve, continues to constrain the parties’ ability to complete discovery. Local, state, and
2 national officials continue to warn that travel may be limited or restricted at this time to prevent
3 further spread of the virus. Defendants and their counsel are practicing physical distancing and are
4 working remotely. Due to these unexpected and rapidly changing circumstances, an extension of
5 the close of discovery deadline is necessary so the parties may fully develop their respective cases
6 in chief.
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Extension or Modification of The Discovery Plan and Scheduling Order. LR 26-4 governs

8 modifications or extension of the Discovery Plan and Scheduling Order. Any stipulation or motion
9 to extend or modify that Discovery Plan and Scheduling Order must be made no later than twenty10 one (21) days before the expiration of the subject deadline and must comply fully with LR 26-4.
11

This is the third request for extension of time in this matter. The parties respectfully submit

12 that the reasons set forth above constitute compelling reasons for the short extension.
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The following is a list of the current discovery deadlines and the parties’ proposed

14 extended deadlines:
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Scheduled Event

Current Deadline

Proposed Deadline

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Discovery Cut-off

Friday, July 16, 2021

Thursday, October 14, 2021

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Deadline to Amend
Pleadings or Add
Parties

Closed

Closed

Expert Disclosure
pursuant to FRCP26
(a)(2)

Monday, May 17, 2021

Monday, August 16, 2021

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Rebuttal Expert
Monday, June 16, 2021
Disclosure pursuant to
FRCP. 26(a)(2)

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Monday, August 16, 2021

Friday, November 12, 2021

Joint Pretrial Order

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Wednesday, September 15, 2021

Dispositive Motions

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Wednesday, September 15, 2021

Monday, December 13, 2021

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LEWIS

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BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4829-5077-8598.1

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Case 2:20-cv-01049-JCM-BNW Document 16 Filed 04/22/21 Page 5 of 5

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WHEREFORE, the parties respectfully request that this Court extend the discovery period

2 by ninety (90) days from the current deadline of July 16, 2021, up to and including October 14,
3 2021, and the other dates as outlined in accordance with the table above.
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Dated this 22nd day of April, 2021.

Dated this 22nd day of April, 2021.

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LEWIS BRISBOIS BISGAARD & SMITH LLP

HURTIK LAW & ASSOCIATES

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/s/ Pamela L. McGaha
ROBERT W. FREEMAN
Nevada Bar No. 3062
PAMELA L. McGAHA
Nevada Bar No. 8181
6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
Attorneys for Defendant
USAA Casualty Insurance Company

/s/ Johnathon Toston
CARRIE E. HURTIK
Nevada Bar No. 7028
JOHNATHON TOSTON
Nevada Bar No. 15345
6767 E. Tropicana Avenue
Suite 200
Las Vegas. Nevada 89103
Attorney for Plaintiff

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ORDER

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IT IS SO ORDERED.

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Dated this __ day of ______________, 2021.
April 26, 2021.

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_______________________________________
UNITED STATES MAGISTRATE JUDGE

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LEWIS

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BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4829-5077-8598.1

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