Jackson et al v. Key Insurance Company
Filing
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ORDER Granting 69 Stipulation for Extension of Time. Discovery due by 3/31/2025. Motions due by 4/30/2025. Proposed Joint Pretrial Order due by 5/30/2025. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 1/27/2025. (Copies have been distributed pursuant to the NEF - AMMi)
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DRUMMOND LAW FIRM
Craig W. Drummond, Esq.
Nevada Bar No. 11109
Joseph A. Tutone, Esq.
Nevada Bar No. 16333
3325 W. Sahara Avenue
Las Vegas, NV 89102
T: (702) 366-9966
F: (702) 508-9440
Craig@DrummondFirm.com
Joey@DrummondFirm.com
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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DRUMMOND LAW FIRM
3325 W. SAHARA AVENUE
LAS VEGAS, NEVADA 89102
DRUMMONDFIRM.COM
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ALEKA JACKSON, individually;
BETTY JACKSON, individually;
Plaintiffs,
vs.
KEY INSURANCE, a foreign corporation
d/b/a STORM LEGAL GROUP and d/b/a
DESERT RIDGE LEGAL GROUP; DOES I
through V; and ROE CORPORATIONS VIX, inclusive,
Defendants.
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CASE NO.: 2:22-cv-01542-APG-VCF
STIPULATION AND ORDER TO
EXTEND THE CLOSE OF
DISCOVERY, DISPOSITIVE
MOTIONS DEADLINE, AND JOINT
PRETRIAL ORDER DEADLINE
(Seventh Request)
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IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs ALEKA
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JACKSON and BETTY JACKSON (“Plaintiffs”), through their counsel of record, Craig W.
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Drummond, Esq. of the DRUMMOND LAW FIRM; and Defendant KEY INSURANCE
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COMPANY d/b/a STORM LEGAL GROUP and d/b/a DESERT RIDGE LEGAL GROUP
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(“Defendant”), through its counsel of record, James P.C. Silvestri and Ali R. Iqbal of PYATT
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SILVESTRI, that the close of discovery, dispositive motions deadline, and joint pretrial order
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deadline shall be extended sixty (60) days pursuant to LR 26-3. This is the parties’ seventh request
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for an extension of the discovery deadlines. The parties set forth the following information in support
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of their stipulation, including additional discovery undertaken since the last stipulation, which is
designated in bold.
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I.
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DISCOVERY COMPLETED TO DATE
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DRUMMOND LAW FIRM
3325 W. SAHARA AVENUE
LAS VEGAS, NEVADA 89102
DRUMMONDFIRM.COM
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A. FRCP 26(a) Disclosures and Supplements
Title
Plaintiffs Initial Disclosure of Documents and Witnesses Pursuant
to FRCP 26(a)(1)
Defendant’s Initial List of Witnesses and Disclosure of Documents
Pursuant to FRCP 26(F)
Defendant’s First Supplemental List of Witnesses and Disclosure
of Documents Pursuant to FRCP 26(F)
Defendant’s Second Supplemental List of Witnesses and Disclosure
of Documents Pursuant to FRCP 26(F)
Defendant’s Initial Designation of Expert Witnesses and Disclosure
Plaintiffs’ Initial Expert Disclosure Pursuant to FRCP 26(a)(2)
Plaintiffs’ First Supplement to Disclosure of Documents and
Witnesses Pursuant to FRCP 26(a)(1)
Plaintiffs’ Rebuttal Expert Disclosure Pursuant to FRCP 26(a)(2)
Defendant’s Designation of Rebuttal Expert Witnesses and
Disclosure
Defendant’s Third Supplemental List of Witnesses and Disclosure
of Documents Pursuant to FRCP 26(F)
Defendant’s Fourth Supplemental List of Witnesses and Disclosure
of Documents Pursuant to FRCP 26(F)
Plaintiffs’ First Supplement to Initial Expert Disclosure
Pursuant to FRCP 26(a)(2)
Date Served
Jan. 18, 2023
Jan. 18, 2023
Mar. 16, 2023
Nov. 2, 2023
Nov. 2, 2023
Nov. 3, 2023
Dec. 1, 2023
Dec. 4, 2023
Dec. 4, 2023
Dec. 4, 2023
Dec. 5, 2023
Jan. 11, 2024
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Plaintiff’s Second Supplement to Initial Disclosures Pursuant to Federal Rule July 5, 2024
of Civil Procedure 26(a)(1)
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Defendant Key Insurance Company’s 2nd Supplemental Privilege Log
Aug. 22, 2024
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B. Written Discovery
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Title
Plaintiff Aleka Jackson’s First Set of Interrogatories to Defendant Key
Insurance Company d/b/a Storm Legal Group and d/b/a Desert Ridge Legal
Group
Plaintiff Betty Jackson’s First Set of Interrogatories to Defendant Key
Insurance Company d/b/a Storm Legal Group and d/b/a Desert Ridge Legal
Group
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Date Served
Feb. 14, 2023
Feb. 14, 2023
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DRUMMOND LAW FIRM
3325 W. SAHARA AVENUE
LAS VEGAS, NEVADA 89102
DRUMMONDFIRM.COM
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Plaintiffs’ First Set of Requests for Production of Documents to
Defendant Key Insurance Company d/b/a Storm Legal Group and d/b/a
Desert Ridge Legal Group
Defendant Key Insurance Company’s Responses to Plaintiff Aleka Jackson’s
First Set of Requests for Interrogatories
Defendant Key Insurance Company’s Responses to Plaintiff Betty Jackson’s
First Set of Requests for Interrogatories
Defendant Key Insurance Company’s Responses to Plaintiff’s First Set of
Requests for Production
Defendant Key Insurance Company’s First Set of Interrogatories to Plaintiff
Aleka Jackson
Defendant Key Insurance Company’s First Set of Requests for Production to
Plaintiff Aleka Jackson
Defendant Key Insurance Company’s First Set of Requests for Admissions
to Plaintiff Aleka Jackson
Defendant Key Insurance Company’s First Set of Interrogatories to Plaintiff
Betty Jackson
Defendant Key Insurance Company’s First Set of Requests for Production to
Plaintiff Betty Jackson
Defendant Key Insurance Company’s First Set of Requests for
Admissions to Plaintiff Betty Jackson
Plaintiff Aleka Jackson’s Answers to Defendant Key Insurance Company’s
First Set of Interrogatories
Plaintiff Aleka Jackson’s Responses to Defendant Key Insurance Company’s
First Set of Requests for Production of Documents
Plaintiff Aleka Jackson’s Responses to Defendant Key Insurance Company’s
First Set of Requests for Admissions
Plaintiff Betty Jackson’s Answers to Defendant Key Insurance Company’s
First Set of Interrogatories
Plaintiff Betty Jackson’s Responses to Defendant Key Insurance Company’s
First Set of Requests for Production of Documents
Plaintiff Betty Jackson’s Responses to Defendant Key Insurance
Company’s First Set of Requests for Admissions
Plaintiff Aleka Jackson’s Second Set of Interrogatories to Defendant Key
Insurance Company d/b/a Storm Legal
Group and d/b/a Desert Ridge Legal Group
Plaintiffs’
Second Set
of
Requests
for
Production
of
Documents to Defendant Key Insurance Company d/b/a Storm Legal Group
and d/b/a Desert Ridge Legal Group
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C. Depositions
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Deponent
Date
Plaintiff Betty Jackson
April 20, 2023
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Feb. 14, 2023
Mar. 16, 2023
Mar. 16, 2023
Mar. 16, 2023
Mar. 22, 2023
Mar. 22, 2023
Mar. 22, 2023
Mar. 22, 2023
Mar. 22, 2023
Mar. 22, 2023
April 21, 2023
April 21, 2023
April 21, 2023
April 21, 2023
April 21, 2023
April 21, 2023
Feb. 29, 2024
Feb. 29, 2024
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Plaintiff Aleka Jackson
April 21, 2023
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Terry McCollam
Dec. 4, 2023
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Carolyn Bowers
Dec. 5, 2023
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Carolyn Bowers (continued)
Aug. 7, 2024
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II.
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DISCOVERY TO BE COMPLETED
DRUMMOND LAW FIRM
3325 W. SAHARA AVENUE
LAS VEGAS, NEVADA 89102
DRUMMONDFIRM.COM
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1.
Following the decision and affirmance on the Plaintiff’s Motion to Compel
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Production of Unredacted Documents and Deposition Testimony (CMECF #50), the parties
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worked together to set the FRCP 30(b)(6) Witness(es) for Defendant Key Ins. Co. The Order
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Affirming Magistrate Judge’s Order Denying Motion to Compel was filed on December 16,
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2024 (CMECF #68). The earliest date for the deponent and defense following that decision was
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Friday, January 24, 2025 at 10:00am. Unfortunately, that morning defense counsel learned
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that their deponent had been taken to the hospital for an emergency medical condition. As
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such, it was agreed by the parties to reschedule the FRCP 30(b)(6) deposition, as well as the
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potential deposition of attorney Thomas Laramore if such need should arrive based on the
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FRCP 30(b)(6) deposition. At this time, defense counsel is working with their client to
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determine the deponent[s], and potential dates, for the re-scheduled FRCP 30(b)(6) deposition
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and this continuance of discovery is being requested based on the unforeseen emergency health
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circumstance of the deponent.
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a. FRCP 30(b)(6) Witness(es) for Defendant Key Ins. Co.
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b. Thomas Laramore (Potential Deposition)
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III.
REASONS DISCOVERY WAS NOT COMPLETED WITHIN THE TIME LIMITS
AND NEEDS TO BE EXTENDED
“[D]istrict courts . . . retain broad discretion to control their dockets………” Shahrokhi v.
Harter, No. 2:21-cv-01126-RFB-NJK, 2021 U.S. Dist. LEXIS 247936, at *4 (D. Nev. Dec. 30,
2021). To prevail on a request to extend discovery deadlines, the parties must establish good cause.
Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608-09 (9th Cir. 1992). “Good cause to extend
a discovery deadline exists if it cannot reasonably be met despite the diligence of the party seeking
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DRUMMOND LAW FIRM
3325 W. SAHARA AVENUE
LAS VEGAS, NEVADA 89102
DRUMMONDFIRM.COM
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the extension.” Las Vegas Skydiving Adventures LLC v. Groupon, Inc., No. 2:18-cv-02342-APG-
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VCF, 2020 U.S. Dist. LEXIS166073, at *6 (D. Nev. Sep. 10, 2020) (internal quotations omitted).
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For the reasons set forth below, the parties respectfully submit that good cause supports their request
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for an extension of the close of discovery, dispositive motions deadline and joint pretrial order
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deadline.
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The parties respectfully request an extension of the close of discovery, dispositive motions
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deadline, and joint pretrial order deadline for after the rescheduled the FRCP 30(b)(6) deposition, as
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well as the potential deposition of attorney Thomas Laramore if such need should arrive based on
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the FRCP 30(b)(6) deposition
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On April 8, 2024, Attorney Dennis Prince, Esq. unexpectedly passed away. On June 19, 2024,
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Attorney Drummond filed his Stipulation to Substitute as Lead Counsel. See 2:22-cv-01542-APG-
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MDC Document 44. On August 7, 2024, Attorney Drummond took the second part of the depositions
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of Ms. Carolyn Bowers who was the Claims Handler for the underlying insurance claim. That
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following the deposition of Ms. Bowers on August 7, 2024, Attorney Drummond conferred with
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Attorney Iqbal regarding matters related to attorney-client privilege and work-product privilege.
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Further, counsel for the parties discuss the then upcoming FRCP 30(b)(6) deposition set for August
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15, 2024. Further, counsel for the parties discussed that they would likely need to be moved to
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address the assertion of attorney-client privilege, as well as to agree on the topic areas. On Friday,
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August 9, 2024, a conference call was held during which all counsel participated, including Attorney
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Joseph Tutone, Esq. with the Drummond Law Firm, as well as Mr. Silvestri and Mr. Iqbal with Pyatt
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Silvestri representing the Defendant.
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Following the conference, on August 19, 2024, counsel for the Plaintiffs filed a Motion
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to Compel Production of Unredacted Documents and Deposition Testimony (CMECF #50).
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On December 3, 2024, this Honorable Court signed the Sixth Request to extend discovery
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(CMECF #67). As outlined above, the Order Affirming Magistrate Judge’s Order Denying
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Motion to Compel was filed on December 16, 2024 (CMECF #68). The earliest date for the
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deponent and defense following that decision was Friday, January 24, 2025 at 10:00am.
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Unfortunately, that morning defense counsel learned that their deponent had been taken to
the hospital for an emergency medical condition. As such, it was agreed by the parties to
Page 5 of 7
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reschedule the FRCP 30(b)(6) deposition, as well as the potential deposition of attorney
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Thomas Laramore if such need should arrive based on the FRCP 30(b)(6) deposition. At this
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time, defense counsel is working with their client to determine the deponent[s], and potential
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dates, for the re-scheduled FRCP 30(b)(6) deposition and this continuance of discovery is being
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requested based on the unforeseen emergency health circumstances.
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This request is being made before the current deadlines expire from the Sixth requested
extension filed on December 3, 2024, (CMECF #67).
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Based on the reasons set forth above, the parties respectfully submit that good cause supports
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their requested stipulation for sixty days (60) day extension of the close of discovery, dispositive
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motions deadline, and joint pretrial order deadline. The parties’ requested extension of these
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deadlines is not made in bad faith or to cause any unnecessary delays in the resolution of this matter.
IV.
DRUMMOND LAW FIRM
3325 W. SAHARA AVENUE
LAS VEGAS, NEVADA 89102
DRUMMONDFIRM.COM
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PROPOSED SCHEDULE FOR COMPLETING DISCOVERY
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Current Date
Proposed Date
Amend Pleadings and Add Parties:
July 5, 2023
Closed
Initial Expert Disclosures:
August 3, 2023
Closed
Rebuttal Expert Disclosures:
September 5, 2023
Closed
Close of Discovery:
January 28, 2025
March 31, 2025 1
Dispositive Motions
February 27, 2025
April 30, 2025
Joint Pretrial Order
March 31, 2025
May 30, 2025
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Actual deadline falls on Saturday, March 29, 2025.
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Based on the foregoing, the parties respectfully request this Court grant their Stipulation and
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Order to Extend the Close of Discovery Dispositive Motions Deadline and Joint Pretrial Order
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(Seventh Request).
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DATED this 27th day of January, 2025.
DATED this 27th day of January, 2025.
DRUMMOND LAW FIRM
PYATT SILVESTRI
By /s/ Craig W. Drummond
Craig W. Drummond, Esq.
Nevada Bar No. 11109
Joseph A. Tutone, Esq.
Nevada Bar No. 16333
3325 W. Sahara Avenue
Las Vegas, NV 89102
Attorneys for Plaintiffs
By /s/ Ali R. Iqbal
James P.C. SILVESTRI, Esq.
Nevada Bar No. 3603
ALI R. IQBAL, Esq.
Nevada Bar No. 15056
701 Bridger Avenue
Las Vegas, Nevada 89101
Attorneys for Defendants
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DRUMMOND LAW FIRM
3325 W. SAHARA AVENUE
LAS VEGAS, NEVADA 89102
DRUMMONDFIRM.COM
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IT IS SO ORDERED:
UNITED STATES MAGISTRATE JUDGE
DATED: __________________________
1-27-25
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