Strabala v. Mid-Century Insurance Company et al

Filing 13

ORDER granting 12 Stipulation - Discovery due by 5/16/2022. Motions due by 6/15/2022. Proposed Joint Pretrial Order due by 7/15/2022. Signed by Magistrate Judge Elayna J. Youchah on 11/16/2021. (Copies have been distributed pursuant to the NEF - DRS)

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1 2 3 4 5 6 7 8 BRADLEY S. MAINOR, ESQ. Nevada Bar No. 7434 JOSEPH J. WIRTH, ESQ. Nevada Bar No. 10280 ASH MARIE BLACKBURN, ESQ. Nevada Bar No. 14712 MAINOR WIRTH, LLP 6018 S. Fort Apache Road, Ste. 150 Las Vegas, NV 89148-5652 Tel: (702) 464-5000 Fax: (702) 463-4440 ash@mwinjury.com Counsel for Plaintiff MAINOR WIRTH, LLP UNITED STATES DISTRICT COURT 10 6018 S. Ft. Apache Rd., Ste. 150, Las Vegas, NV 89148 Phone: (702) 464-5000 | Fax: (702) 463-4440 9 DISTRICT OF NEVADA 11 MACKENZIE STRABALA, an individual; CASE NO.: 2:21-cv-01537-JAD-EJY 12 Plaintiff, 13 vs. 14 FARMERS INSURANCE EXCHANGE, a foreign corporation; MID-CENTRURY INSURANCE COMPANY, a domestic stock; DOES I through XX, inclusive; and ROE CORPORATIONS I through XX, inclusive; 15 16 17 18 Defendants. 19 20 21 22 23 24 25 Pursuant to LR IA 6-1 and LR 26-4, the parties, by and through their respective counsel of record, hereby stipulate and request that this Court extend discovery in the above-captioned matter by 90 days. Good cause exists to extend the remaining deadlines for the reasons explained below. A. Discovery Completed to Date To date, Plaintiff has produced the following discovery: • 26 27 [PROPOSED] STIPULATION AND ORDER TO ENLARGE DISCOVERY PLAN AND SCHEDULING ORDER (FIRST REQUEST) Plaintiff’s Initial Disclosure of Witnesses and Production of Documents Pursuant to FRCP 26(a)(1), served October 4, 2021; • Plaintiff’s First Set of Requests for Admission to Defendant Mid-Century 28 Page 1 of 5 1 2 Insurance Company, served November 11, 2021; • 3 4 Company, served November 11, 2021; • 5 6 7 Plaintiff’s First Set of Interrogatories to Defendant Mid-Century Insurance Plaintiff’s First Set of Requests for Production of Documents to Defendant MidCentury Insurance Company, served November 11, 2021. To date, Defendants have produced the following discovery: • Defendants Farmers Insurance Exchange’s and Mid-Century Insurance Company’s 8 Production of Documents and Witnesses Pursuant to Federal Rule of Civil 9 Procedure 26(a)(1), served October 26, 2021; MAINOR WIRTH, LLP 6018 S. Ft. Apache Rd., Ste. 150, Las Vegas, NV 89148 Phone: (702) 464-5000 | Fax: (702) 463-4440 10 11 12 13 14 15 16 B. Discovery That Remains to Be Completed 1. Defendant Mid-Century Insurance Company’s Responses to Plaintiff’s First Set of Requests for Admission (due December 15, 2021) 2. Defendant Mid-Century Insurance Company’s Responses to Plaintiff’s First Set of Interrogatories (due December 15, 2021) 3. Defendant Mid-Century Insurance Company’s Responses to Plaintiff’s First Set of Requests for Production of Documents (due December 15, 2021) 17 4. Written Discovery to Plaintiff 18 5. Deposition of Plaintiff 19 6. Deposition of adjustor Alison Henn (counsel for Defendants are currently obtaining 20 21 22 dates) 7. Deposition of FRCP 30(b)(6) Representative for Mid-Century Insurance Company (counsel for Defendants are currently obtaining dates) 23 8. Additional written discovery 24 9. The parties will take the depositions of any other witnesses identified through 25 discovery. 26 This Request for an extension of time is not sought for any improper purpose or other 27 purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing sufficient 28 Page 2 of 5 1 2 time to conduct discovery. C. Reasons Why Discovery Has Not Been Completed 3 Recently counsel met and conferred regarding an extension of time to complete the 4 remaining discovery in this case as outlined above. Plaintiff filed her complaint on June 18, 2021. 5 Defendants were served with Plaintiff’s Complaint and Summons on July 21, 2021. Defendants 6 filed their Notice for Removal on August 19, 2021. September 2021. Upon her return, Ms. Blackburn attended to several pressing matters that were 9 delayed in light of her absence, including the need for depositions in this case. Defendants’ 10 MAINOR WIRTH, LLP Plaintiff’s lead attorney, Ash Marie Blackburn, returned from maternity leave in 8 6018 S. Ft. Apache Rd., Ste. 150, Las Vegas, NV 89148 Phone: (702) 464-5000 | Fax: (702) 463-4440 7 counsel has advised that he has a two-week trial currently scheduled to begin on November 29, 11 2021. Both counsel’s calendars are tight in December with prior appointments and the upcoming 12 holidays will create limited availability in their and the witnesses’ schedules. 13 Additionally, Defendants produced their Initial Production of Documents and Witnesses 14 Pursuant to Federal Rule of Civil Procedure 26(a)(1) which contained 1,753 pages of documents. 15 Plaintiff’s counsel is currently in the process of reviewing said documents for additional 16 discovery requests. These documents are critical in understanding pertinent issues in this case, 17 thereby necessitating the extension of the current discovery deadlines. 18 Accordingly, counsel for the respective parties have agreed to extend the deadlines by 90 19 days to allot sufficient time to complete the remaining depositions, written discovery, produce 20 expert reports and expert rebuttal reports. 21 D. Proposed Revised Discovery Schedule 22 LR 26-4 governs modifications or extension of the discovery plan and scheduling order. 23 Any stipulation or motion must be made no later than twenty-one (21) days before the expiration 24 of the subject deadline, and comply fully with LR 26-4. 25 26 27 The following is a list of the current discovery deadlines and the parties’ proposed extended deadlines. Last Day to Amend Pleadings: 11/17/2021 28 Page 3 of 5 2/15/2022 1 Initial Expert Disclosures: 12/17/2021 3/17/2022 2 Rebuttal Expert Disclosures: 1/16/2022 4/18/2022 3 Discovery Cut-Off: 2/15/2022 5/16/2022 4 Dispositive Motions: 3/17/2022 6/15/2022 5 Joint Pretrial Order: 4/16/2022 7/15/2022 6 This Request for an extension of time is not sought for any improper purpose or other 7 purpose of delay. Rather, it is sought by the parties solely for the purpose of allowing sufficient 8 time to conduct discovery in this multi-party case and adequately prepare their respective cases 9 for trial. MAINOR WIRTH, LLP 6018 S. Ft. Apache Rd., Ste. 150, Las Vegas, NV 89148 Phone: (702) 464-5000 | Fax: (702) 463-4440 10 This is the first request for an extension of time in this matter. The parties respectfully 11 submit that the reasons set forth above constitute compelling reasons and good cause for the short 12 extension. 13 WHEREFORE, the parties respectfully request that this Court extend the discovery period 14 from the current deadlines as outlined above. 15 DATED this 16th day of November, 2021. DATED this 16thday of November, 2021. 16 MAINOR WIRTH, LLP THE FELDMAN FIRM 17 /s/ Ash Marie Blackburn BRADLEY S. MAINOR, ESQ. Nevada Bar No. 7434 JOSEPH J. WIRTH, ESQ. Nevada Bar No. 10280 ASH MARIE BLACKBURN, ESQ. Nevada Bar No. 14712 6018 S. Fort Apache Road, Ste. 150 Las Vegas, NV 89148-5652 Counsel for Plaintiff /s/ David Feldman DAVID J. FELDMAN, ESQ. Nevada Bar No. 5947 JOHN C. DORAME, ESQ. Nevada Bar No. 10029 8831 West Sahara Avenue Las Vegas, Nevada 89117 Attorneys for Defendants 18 19 20 21 22 23 IT IS SO ORDERED. 24 25 26 _________________________________ U.S. MAGISTRATE JUDGE 27 Dated: November 16, 2021 28 Page 4 of 5

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