Castronovo-Flihan v. State Farm Mutual Automobile Insurance Company

Filing 71

ORDER granting 69 Stipulation TO EXTEND MOTION IN LIMINE DATES AND CONTINUE TRIAL SETTING. By agreement of the parties, the Plaintiff Responses to the Motions in Limine shall be set at February 12, 2024. By agreement of the parties, that the current February 5, 2024 trial date shall be vacated and re-set to March 11, 2024, at 9:00 a.m.; the calendar call currently set for January 31, 2024, is vacated and reset to March 6, 2024, at 1:30 p.m. Signed by Judge James C. Mahan on 1/12/2024. (Copies have been distributed pursuant to the NEF - CAH)

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Case 2:20-cv-01197-JCM-DJA Document 69 Filed 01/10/24 Page 1 of 3 1 ROBERT W. FREEMAN Nevada Bar No. 3062 2 E-Mail: Robert.Freeman@lewisbrisbois.com FRANK A. TODDRE II 3 Nevada Bar No. 11474 E-Mail: Frank.Toddre@lewisbrisbois.com 4 LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 5 Las Vegas, Nevada 89118 702.893.3383 6 FAX: 702.893.3789 Attorneys for Defendant 7 State Farm Mutual Automobile Insurance Company 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA, SOUTHERN DIVISION 10 *** 11 GINA CASTRONOVO-FLIHAN, CASE NO. 2:20-cv-1197-JCM-DJA 12 STIPULATION AND ORDER TO EXTEND MOTION IN LIMINE DATES AND CONTINUE TRIAL SETTING 13 Plaintiff, vs. 14 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign 15 company; AND DOES I through V, inclusive 16 17 18 19 20 21 22 23 24 25 26 27 28 [FIRST REQUEST] Defendants. Plaintiff GINA CASTRONOVO-FLIHAN (“Plaintiff”), by and through her undersigned counsel of record, and Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (“Defendant”), by and through its undersigned counsel of record, hereby stipulate and agree, subject to the Court’s approval, as follows: 1. On September 22, 2023, this Court entered an Order [40] Granting Motion for Partial Summary Judgment. [54]. 2. On October 19, 2023, Plaintiff and Defendant conducted a meet and confer to discuss the Joint Pre-Trial Order. 3. On October 26, 2023, this court entered an Order [58] extending time for the parties to file the Joint Pre-Trial Order. 4. 134446674.1 On November 9, 2024, this court entered an Order [60] extending time for the parties Case 2:20-cv-01197-JCM-DJA Document 69 Filed 01/10/24 Page 2 of 3 1 to file the Joint Pre-Trial Order. 2 5. On November 20, 2023, this court entered the parties Joint Pre-Trial Order [62]. 3 6. On December 4, 2023, this court entered the Order Setting Settlement Conference 4 [64] which set the parties to attend a settlement conference on January 29, 2024 at 10:00am. The 5 court set this matter for a court/jury trial on the stacked calendar on February 5, 2024 at 9:00am. 6 7. The parties are in the process of settlement discussions and request a brief 7 continuance of trial so the parties do not incur irreversible costs and fees associated with trial 8 preparation. 9 8. The parties are not requesting an extension of the settlement conference or due dates 10 on their respective statements. 11 9. On January 5, 2024, Defendants filed three motions in limine. [66], [67], and [68]. 12 10. The parties agree to extend the due date for Plaintiff to respond to Motions in Limine 13 for two weeks after the Settlement Conference has ended, or until February 12, 2024. 14 11. One of the Defendant experts is unavailable the final week of February. 15 12. As such, the parties agree and respectfully request this Court to vacate the current 16 February 5, 2024 trial date and move the trial date to the first available trial stack starting in March 17 2024. 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 134446674.1 2 Case 2:20-cv-01197-JCM-DJA Document 69 Filed 01/10/24 Page 3 of 3 1 DATED this 10th day of January, 2024. MCMENEMY | HOLMES PLLC 2 /s/ Ian M. McMenemy IAN M. MCMENEMY Nevada Bar No. 13190 1645 Village Center Circle, Suite 291 Las Vegas, NV 89134 Attorney for Plaintiff GINA CASTRONOVO-FLIHAN 3 4 5 6 7 DATED this 10th day of January, 2024. LEWIS BRISBOIS BISGAARD & SMITH LLP 8 9 /s/ Frank A. Toddre, II ROBERT W. FREEMAN Nevada Bar No. 3062 FRANK A. TODDRE, II Nevada Bar No. 11474 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY 10 11 12 13 14 15 16 17 18 19 20 21 ORDER By agreement of the parties, the Plaintiff Responses to the Motions in Limine shall be set at February 12, 2024. By agreement of the parties, that the current February 5, 2024 trial date shall be vacated and re-set to March 11, 2024, at 9:00 a.m.; the calendar call currently set for January 31, 2024, is vacated and reset to March 6, 2024, at 1:30 p.m. 22 23 24 25 IT IS SO ORDERED. January DATED this _____12, day2023. of January, 2024: 26 ________________________________ UNITED STATES DISTRICT JUDGE 27 28 134446674.1 3

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