Trejo et al v. American Family Insurance Company

Filing 11

SCHEDULING ORDER granting 10 Discovery Plan and Scheduling Order; Discovery due by 6/18/2021. Motions due by 7/19/2021. Proposed Joint Pretrial Order due by 8/19/2021. Signed by Magistrate Judge Elayna J. Youchah on 1/8/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:20-cv-02039-APG-EJY Document 11 Filed 01/08/21 Page 1 of 4

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JOSEPH ORTUNO, ESQ.
Nevada Bar No. 11233
TRACEE DUTHIE ESQ.
Nevada Bar No. 8795
VAN LAW FIRM
1290 S. Jones Blvd.
Las Vegas NV 89146
[phone] Telephone
[phone] Facsmile
[e-mail]
[e-mail]
Attorneys for Plaintiffs Leslie Ann Trejo,
Guadalupe Rodriguez and Manuel Rodriguez

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UNITED STATES DISTRICT COURT
1290 S. Jones Blvd., Las Vegas, NV 89146
Phone: [phone] Fax: [phone]
Email: [e-mail]

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DISTRICT OF NEVADA

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LESLIE
ANN
TREJO,
GUADALUPE CASE NO. 2:20-cv-02039-APG-EJY
RODRIGUEZ, and MANUEL RODRIGUEZ,
an individual,

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Plaintiff,

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vs.
AMERICAN
FAMILY
INSURANCE
COMPANY, a Foreign Corporation; DOE
EMPLOYEES I-V and ROE COMPANIES I-V,

PROPOSED JOINT DISCOVERY PLAN
AND SCHEDULING ORDER
SUBMITTED IN COMPLIANCE WITH
LR 26-1(e)

Defendants.

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Pursuant to Local Rule 26-1(e), the parties submit their proposed Discovery Plan and Scheduling
Order. Deadlines that fall on a Saturday, Sunday, or legal holiday have been scheduled for the
preceding or next judicial day.

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1.
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Meeting: Pursuant to Federal Rule of Civil Procedure (“FRCP”) 26(f), a meeting was held

on December 21, 2020, and was attended by Joseph Ortuno, Esq. of VAN LAW FIRM for Plaintiffs
LESLIE ANN TREJO, GUADALUPE RODRIGUEZ and MANUEL RODRIGUEZ (“Plaintiffs”)

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Case 2:20-cv-02039-APG-EJY Document 11 Filed 01/08/21 Page 2 of 4

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and Scott A. Flinders, Esq., of HUTCHISON AND STEFFEN, PLLC, for Defendant AMERICAN

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FAMILY INSURANCE COMPANY (“Defendant”) (collectively, “Parties”).

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2.

Pre-Discovery Disclosures: Plaintiffs made their pretrial disclosures on January 7, 2021.

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Defendant believes fourteen (14) days are required to make their initial disclosures. Accordingly,

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Defendant will make their pre-discovery disclosures by January 22, 2020.

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3.

Areas of Discovery: The parties agree that the areas of discovery should include, but not

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be limited to: liability, causation, damages, and all claims and defenses allowed pursuant to the

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Federal Rules of Civil Procedure.

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1290 S. Jones Blvd., Las Vegas, NV 89146
Phone: [phone] Fax: [phone]
Email: [e-mail]

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4.

Discovery Plan: The parties propose the following discovery plan:
A.

Discovery Cut-off Date(s): LR 26-1(e)(1) provides that “unless otherwise ordered,

discovery periods longer than one hundred eighty (180) days from the date the first defendant answers
or appears will require special scheduling review.” The parties jointly request a change to LR 261(e)(1) to extend the discovery period. Defendant filed its Notice of Removal on November 4, 2020.
Defendant first appeared in this matter by filing an Answer in the United States District Court, District
of Nevada, case number 2:20-cv-02039-APG-EJY, on November 13, 2020. Due to the Holidays and

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conflicting schedules, the Parties were unable to meet for their Rule 26 conference until December
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20, 2020. At that meeting, the Parties felt there was a strong chance that this matter could be dismissed
in order to pursue a private binding arbitration. In an effort to alleviate the Court of this matter, the
Parties negotiated terms of an arbitration two weeks around the Christmas Holiday. However, despite
the efforts of counsel, an agreement could not be reached.
The parties therefore request that the discovery period be calculated as one hundred eighty
(180) days from the date of the FRCP 26(f) conference which occurred on December 20, 2020, such
that discovery closes on June 18, 2021.

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B. Amending the Pleadings and Adding Parties: The parties shall have until March

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19, 2021, to file any motions to amend the pleadings to add parties. This is 90 days before the

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discovery cut-off date.

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C. FRCP 26(a)(2) Disclosure of Experts: Disclosure of experts shall proceed according

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to FRCP Rule 26(a)(2) and LR 26-1(e)(3) as follows: The disclosure of experts and their reports shall

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occur on or before April 19, 2021. The disclosure of rebuttal experts and their reports shall occur on

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Case 2:20-cv-02039-APG-EJY Document 11 Filed 01/08/21 Page 3 of 4

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or before May 19, 2021. These deadlines are 60 and 30 days before the discovery cut-off date,

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respectively.

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D. Interim Status Report: The parties shall file the interim status report by April 19,

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2021, 60 days before the discovery cut-off date, as required by LR 26-3.
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E. Dispositive Motions: The parties shall have until May 19, 2021, to file dispositive

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motions. This is 30 days after the discovery cut-off date, as required by LR 26-1(e)(4).

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F. Pre-Trial Order: The parties will prepare a Consolidated Pre-Trial Order on or before
August
May 19, 2021, which is not more than 30 days after the date set for filing dispositive motions in the

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1290 S. Jones Blvd., Las Vegas, NV 89146
Phone: [phone] Fax: [phone]
Email: [e-mail]

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case, as required by LR 26-1(e)(5). This deadline will be suspended if dispositive motions are timely
filed until 30 days after the decision of the dispositive motions or until further order of the Court. The
disclosure required by FRCP Rule 26(a)(3), and objections thereto, shall be made in the pre-trial order
G. Court Conferences: If the Court has questions regarding the dates proposed by the
parties, the parties request a conference with the Court before entry of the Scheduling Order. If the
Court does not have questions, the parties do not request a conference with the Court.
H. Extensions or Modifications of the Discovery Plan and Scheduling Order: LR 26-

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4 governs modifications or extensions of this Discovery Plan and Scheduling Order. Any stipulation
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or motion to extend a deadline set forth in the discovery plan and scheduling order must be made not
later than 21 days before the subject deadline. Any stipulation or motion to extend the discovery cutoff period must be made no later than April 29, 2021, 21 days before the discovery cutoff date.
I. Authorizations: It is agreed by the Parties that Plaintiffs will execute and provide
provider-specific HIPAA-Compliant Authorizations for the Release of Patient Information dated five
(5) years prior to Plaintiffs' date of loss by January 22, 2021. Should additional authorizations be

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necessary in order for Defendant’s Counsel to obtain Plaintiffs' complete medical records, the

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PARTIES will negotiate the facilitation of said authorizations.

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J. Format of Discovery: Pursuant to the electronic discovery amendments to the Federal

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Rules of Civil Procedure effective December 1, 2006, the parties addressed the e-discovery issues

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pertaining to the format of discovery at the FRCP 26(f) conference. The parties do not anticipate

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discovery of native files or metadata at this time, but each party reserves the right to make a showing

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for the need of such electronic data as discovery progresses.

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Case 2:20-cv-02039-APG-EJY Document 11 Filed 01/08/21 Page 4 of 4

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K. FRCP 35 Examination: Defendant reserves the right to have Plaintiff undergo an

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FRCP 35 Examination performed by Defendant’s doctor(s), to be determined. Said independent

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medical examination is allowed pursuant to the Federal Rules of Civil Procedure and without waiving

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all objections thereto.

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L. Stipulated Protective Order: Defendant's counsel has provided and Plaintiffs'

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counsel agrees that the Parties will enter into an agreed upon Stipulated Protective Order regarding

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the disclosure of confidential information in compliance with LR 7-1.

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1290 S. Jones Blvd., Las Vegas, NV 89146
Phone: [phone] Fax: [phone]
Email: [e-mail]

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5.

Alternative Dispute Resolution: The parties certify that they met and conferred about

the possibility of using alternative dispute resolution processes, including mediation, arbitration, and,
if applicable, early neutral evaluation.
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Alternative Forms of Case Disposition: The parties have conferred on this issue and

believe they will need at least some discovery before they can make any determination if alternative
forms of case disposition are viable options for them.
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Electronic Evidence: The parties certify that they may present evidence in electronic

format to jurors for the purpose of jury deliberations in compliance with the Court’s electronic jury
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evidence display system.
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Dated this 7th day of January, 2021.

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VAN LAW FIRM

HUTCHISON & STEFFEN, PLLC

__/s/ Joseph Ortuno_______
JOSEPH ORTUNO, ESQ.
Nevada Bar No. 11233
VAN LAW FIRM
1290 S. Jones Blvd.
Las Vegas NV 89146
[phone] Telephone
[phone] Facsmile
[e-mail]
[e-mail]
Attorneys for Plaintiffs Leslie Ann Trejo,
Guadalupe Rodriguez and Manuel
Rodriguez

___/s/ Scott Flinders_____________
SCOTT A. FLINDERS, ESQ. (6975)
Peccole Professional Park
10080 West Alta Drive, Suite 200
Las Vegas, NV 89145
P: 702 385-2500
[e-mail]
Attorneys for Defendant American Family
Insurance Company
IT IS SO ORDERED.

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______________________________
U.S. MAGISTRATE JUDGE
Dated: January 8, 2021
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