Marquez v. Safeco Insurance Company Of Illinois

Filing 16

ORDER granting 15 Stipulation; Discovery due by 10/11/2021. Motions due by 11/10/2021. Proposed Joint Pretrial Order due by 12/10/2021. Signed by Magistrate Judge Elayna J. Youchah on 5/14/2021. (Copies have been distributed pursuant to the NEF - DRS)

1 ANDREW C. GREEN, ESQ.
Nevada Bar No. 9399
2 VALENTINE C. VIDAL, ESQ.
Nevada Bar No. 14428
3 KOELLER NEBEKER CARLSON
& HALUCK, LLP
4 400 S. 4th Street, Suite 600
Las Vegas, NV 89101
5 Phone: [phone]
Fax: [phone]
6 [e-mail]
[e-mail]
7 Attorneys for Defendant,
SAFECO INSURANCE COMPANY
8 OF ILLINOIS
9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11 DONALD MARQUEZ,
Plaintiff,

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13 vs.

14 SAFECO INSURANCE COMPANY OF
ILLINOIS
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Defendant.
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CASE NO.: 2:20-cv-01247-JAD-EJY
STIPULATION AND ORDER FOR ONE
HUNDRED FIFTY (150) DAY
EXTENSION OF DATES WITHIN
SCHEDULING ORDER
[SECOND REQUEST]

COME NOW, Defendant SAFECO INSURANCE COMPANY OF ILLINOIS
(hereinafter also referred to as “Safeco” or “Defendant”), by and through its attorneys, the law
firm of KOELLER, NEBEKER, CARLSON & HALUCK, LLP, and Plaintiffs, DONALD
MARQUEZ (hereinafter “Plaintiff”), by and through their attorneys of record, Kevin Sprenz,
Esq., of SPRENZ LAW OFFICE and hereby submit this joint stipulated request to extend the
time for the remaining discovery deadlines by one hundred fifty (150) days.
The parties specifically note for the Court that this second request to extend time and
discovery is directly related to COVID-19 and the continued impact it has had upon witness
availability.

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620958v2

1 A.

Statement of Completed Discovery

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Both parties have produced initial disclosures of witnesses and documents as well as

3 supplemental disclosures of documents that were obtained via subpoenas to non-parties. The
4 Defendant has served subpoenas for records from the Custodian of Records for non-parties:
5 Advantage Diagnostic Imaging Center, LLC, Anthony Theiler, M.D., Extremities Surgical
6 Institute, Henderson Hospital, Jacobs Medical Associates, JD Gross Medical Corporation
7 Medical Evaluation Specialists, Inc., Neck and Back Clinics, Neurology Institute of Nevada,
8 Nevada Orthopedic & Spine Center, Pain Institute of Nevada, Primary Care Consultants, Seven
9 Hills Surgery Center, LLC, Steinberg Diagnostic Medical Imaging Center, WLVSC dba Valley
10 View Surgery Center, Limited Partnership, Yee Advanced Orthopedics & Sports Medicine,
11 P.C..
12

Of the non-parties served with subpoenas, the following have responded and provided

13 documents: Advantage Diagnostic Imaging Center, LLC, Anthony Theiler, M.D., Extremities
14 Surgical Institute, Jacobs Medical Associates, JD Gross Medical Corporation Medical
15 Evaluation Specialists, Inc., Neck and Back Clinics, Neurology Institute of Nevada, Nevada
16 Orthopedic & Spine Center, Pain Institute of Nevada, Primary Care Consultants, Seven Hills
17 Surgery Center, LLC, Steinberg Diagnostic Medical Imaging Center, WLVSC dba Valley
18 View Surgery Center, Limited Partnership, and Yee Advanced Orthopedics & Sports Medicine,
19 P.C..
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Parties subject to subpoenas have requested extensions of time to respond and provide

21 documents - resulting in delayed receipt of materials.

All of the documents received in

22 response to subpoenas have been produced to Plaintiffs.
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Additionally:

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Plaintiff has produced his initial and supplemental disclosures as required.

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Both parties have designated expert witnesses.

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Plaintiffs’ medical expert Dr. Gross has been deposed.

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620958v2

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B. Statement of Discovery that remains to be Completed
Defendant anticipates depositions of Plaintiff and a limited number of additional

3 depositions, depending upon the responses to subpoenas to non-parties, which have not yet
4 received. These additional depositions will not approach the limits upon the number of
5 permitted depositions.
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C. Statement Supporting the Necessity of Extending Dates within the Scheduling
Order
This extension is necessary to accommodate the delays in discovery caused by COVID19. The extension will allow both parties to depose medical experts and non-parties, if
necessary, depending upon subpoena responses. The additional time the parties jointly request
herein is intended to accommodate the delays due to COVID-19 thus far, however the parties
note they are aware of the potential for additional delays and resulting requests for further
extensions may precipitate as additional guidance for the avoidance of spread of COVID-19 is
released. Additionally, the extension of time allows for Defendant to conduct the depositions of
Plaintiff Donald Marquez and other non-parties.
D. Proposed Revised Schedule
With a one hundred fifty (150) day discovery extension of the remaining discovery
deadlines, as well as the total time for discovery, the new discovery cut-off date will be
October 11, 2021. The Parties propose to extend the remaining discovery deadlines in this case
by one hundred fifty (150) days, and the resulting changes to the scheduling order will result in
the following:
Close of Discovery: Currently, the close of discovery is May 13, 2021. The proposed
cut-off date is October 11, 2021.
Amend Pleadings and Add Parties: Currently, the deadline to amend pleadings and add
parties was February 10, 2021. The proposed deadline will be, April 12, 2021.
Expert Disclosure: Currently, the deadline for expert disclosure is March 14, 2021. The
proposed deadline is August 11, 2021.
Rebuttal Expert Disclosure: Currently the deadline for rebuttal expert disclosure is April
13, 2021. The proposed deadline is September 13, 2021.
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Dispositive Motions: Dispositive motions will be made no later than November 10,

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2021, which does not exceed the outside limit of thirty (30) days following the

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discovery cut-off date that LR26-1(b)(4) presumptively sets for filing dispositive

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motions.

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Pretrial Order: The Joint Pretrial Order shall be filed by December 10, 2021, which is

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no later than thirty (30) days after the date set for the filing of dispositive motions.

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8 DATED this 13th day of May, 2021.
9 KOELLER, NEBEKER, CARLSON
& HALUCK, LLP
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By: /s/Andrew Green
ANDREW C. GREEN, ESQ.
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Nevada Bar No. 9399
VALENTINE C. VIDAL, ESQ.
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Nevada Bar. No. 14428
400 S. 4th Street, Suite 600
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Las Vegas, NV 89101
Attorneys for Defendant,
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SAFECO INSURANCE COMPANY
OF ILLINOIS
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DATED this 13th day of May, 2021
SPRENZ LAW OFFICE
By: /s/Kevin Sprenz
KEVIN SPRENZ, ESQ.
Nevada Bar No. 7924
9960 W. Cheyenne Ave. #170
Las Vegas, NV 89129
Attorneys for Plaintiffs,
DONALD MARQUEZ

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ORDER

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IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE
May 14, 2021
DATED:

21 Respectfully Submitted by:
22 KOELLER, NEBEKER CARLSON
& HALUCK, LLP
23
By: /s/Andrew Green
ANDREW C. GREEN, ESQ.
24
Nevada Bar No. 9399
VALENTINE C. VIDAL, ESQ.
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Nevada Bar No. 14428
400 S. 4th Street, Suite 600
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Las Vegas, NV 89101
Attorneys for Defendant,
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SAFECO INSURANCE COMPANY
OF ILLINOIS
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620958v2