Jackson et al v. Key Insurance Company

Filing 70

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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1 2 3 4 5 6 7 8 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 9 10 11 DRUMMOND LAW FIRM 3325 W. SAHARA AVENUE LAS VEGAS, NEVADA 89102 DRUMMONDFIRM.COM 12 13 14 15 16 17 18 19 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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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) 20 IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs ALEKA 21 JACKSON and BETTY JACKSON (“Plaintiffs”), through their counsel of record, Craig W. 22 Drummond, Esq. of the DRUMMOND LAW FIRM; and Defendant KEY INSURANCE 23 COMPANY d/b/a STORM LEGAL GROUP and d/b/a DESERT RIDGE LEGAL GROUP 24 (“Defendant”), through its counsel of record, James P.C. Silvestri and Ali R. Iqbal of PYATT 25 SILVESTRI, that the close of discovery, dispositive motions deadline, and joint pretrial order 26 deadline shall be extended sixty (60) days pursuant to LR 26-3. This is the parties’ seventh request 27 for an extension of the discovery deadlines. The parties set forth the following information in support 28 of their stipulation, including additional discovery undertaken since the last stipulation, which is designated in bold. Page 1 of 7 1 I. 2 DISCOVERY COMPLETED TO DATE 3 4 5 6 7 8 9 10 11 DRUMMOND LAW FIRM 3325 W. SAHARA AVENUE LAS VEGAS, NEVADA 89102 DRUMMONDFIRM.COM 12 13 14 15 16 17 18 19 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 20 Plaintiff’s Second Supplement to Initial Disclosures Pursuant to Federal Rule July 5, 2024 of Civil Procedure 26(a)(1) 21 Defendant Key Insurance Company’s 2nd Supplemental Privilege Log Aug. 22, 2024 22 23 B. Written Discovery 24 25 26 27 28 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 Page 2 of 7 Date Served Feb. 14, 2023 Feb. 14, 2023 1 2 3 4 5 6 7 8 9 10 11 DRUMMOND LAW FIRM 3325 W. SAHARA AVENUE LAS VEGAS, NEVADA 89102 DRUMMONDFIRM.COM 12 13 14 15 16 17 18 19 20 21 22 23 24 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 25 26 C. Depositions 27 28 Deponent Date Plaintiff Betty Jackson April 20, 2023 Page 3 of 7 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 1 Plaintiff Aleka Jackson April 21, 2023 2 Terry McCollam Dec. 4, 2023 3 Carolyn Bowers Dec. 5, 2023 4 Carolyn Bowers (continued) Aug. 7, 2024 5 II. 6 DISCOVERY TO BE COMPLETED DRUMMOND LAW FIRM 3325 W. SAHARA AVENUE LAS VEGAS, NEVADA 89102 DRUMMONDFIRM.COM 7 1. Following the decision and affirmance on the Plaintiff’s Motion to Compel 8 Production of Unredacted Documents and Deposition Testimony (CMECF #50), the parties 9 worked together to set the FRCP 30(b)(6) Witness(es) for Defendant Key Ins. Co. The Order 10 Affirming Magistrate Judge’s Order Denying Motion to Compel was filed on December 16, 11 2024 (CMECF #68). The earliest date for the deponent and defense following that decision was 12 Friday, January 24, 2025 at 10:00am. Unfortunately, that morning defense counsel learned 13 that their deponent had been taken to the hospital for an emergency medical condition. As 14 such, it was agreed by the parties to reschedule the FRCP 30(b)(6) deposition, as well as the 15 potential deposition of attorney Thomas Laramore if such need should arrive based on the 16 FRCP 30(b)(6) deposition. At this time, defense counsel is working with their client to 17 determine the deponent[s], and potential dates, for the re-scheduled FRCP 30(b)(6) deposition 18 and this continuance of discovery is being requested based on the unforeseen emergency health 19 circumstance of the deponent. 20 a. FRCP 30(b)(6) Witness(es) for Defendant Key Ins. Co. 21 b. Thomas Laramore (Potential Deposition) 22 23 24 25 26 27 28 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 Page 4 of 7 DRUMMOND LAW FIRM 3325 W. SAHARA AVENUE LAS VEGAS, NEVADA 89102 DRUMMONDFIRM.COM 1 the extension.” Las Vegas Skydiving Adventures LLC v. Groupon, Inc., No. 2:18-cv-02342-APG- 2 VCF, 2020 U.S. Dist. LEXIS166073, at *6 (D. Nev. Sep. 10, 2020) (internal quotations omitted). 3 For the reasons set forth below, the parties respectfully submit that good cause supports their request 4 for an extension of the close of discovery, dispositive motions deadline and joint pretrial order 5 deadline. 6 The parties respectfully request an extension of the close of discovery, dispositive motions 7 deadline, and joint pretrial order deadline for after the rescheduled the FRCP 30(b)(6) deposition, as 8 well as the potential deposition of attorney Thomas Laramore if such need should arrive based on 9 the FRCP 30(b)(6) deposition 10 On April 8, 2024, Attorney Dennis Prince, Esq. unexpectedly passed away. On June 19, 2024, 11 Attorney Drummond filed his Stipulation to Substitute as Lead Counsel. See 2:22-cv-01542-APG- 12 MDC Document 44. On August 7, 2024, Attorney Drummond took the second part of the depositions 13 of Ms. Carolyn Bowers who was the Claims Handler for the underlying insurance claim. That 14 following the deposition of Ms. Bowers on August 7, 2024, Attorney Drummond conferred with 15 Attorney Iqbal regarding matters related to attorney-client privilege and work-product privilege. 16 Further, counsel for the parties discuss the then upcoming FRCP 30(b)(6) deposition set for August 17 15, 2024. Further, counsel for the parties discussed that they would likely need to be moved to 18 address the assertion of attorney-client privilege, as well as to agree on the topic areas. On Friday, 19 August 9, 2024, a conference call was held during which all counsel participated, including Attorney 20 Joseph Tutone, Esq. with the Drummond Law Firm, as well as Mr. Silvestri and Mr. Iqbal with Pyatt 21 Silvestri representing the Defendant. 22 Following the conference, on August 19, 2024, counsel for the Plaintiffs filed a Motion 23 to Compel Production of Unredacted Documents and Deposition Testimony (CMECF #50). 24 On December 3, 2024, this Honorable Court signed the Sixth Request to extend discovery 25 (CMECF #67). As outlined above, the Order Affirming Magistrate Judge’s Order Denying 26 Motion to Compel was filed on December 16, 2024 (CMECF #68). The earliest date for the 27 deponent and defense following that decision was Friday, January 24, 2025 at 10:00am. 28 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 1 reschedule the FRCP 30(b)(6) deposition, as well as the potential deposition of attorney 2 Thomas Laramore if such need should arrive based on the FRCP 30(b)(6) deposition. At this 3 time, defense counsel is working with their client to determine the deponent[s], and potential 4 dates, for the re-scheduled FRCP 30(b)(6) deposition and this continuance of discovery is being 5 requested based on the unforeseen emergency health circumstances. 6 7 This request is being made before the current deadlines expire from the Sixth requested extension filed on December 3, 2024, (CMECF #67). 8 Based on the reasons set forth above, the parties respectfully submit that good cause supports 9 their requested stipulation for sixty days (60) day extension of the close of discovery, dispositive 10 motions deadline, and joint pretrial order deadline. The parties’ requested extension of these 11 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 12 PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 13 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 14 15 16 17 18 19 20 21 22 /// 23 24 25 26 27 28 1 Actual deadline falls on Saturday, March 29, 2025. Page 6 of 7 1 Based on the foregoing, the parties respectfully request this Court grant their Stipulation and 2 Order to Extend the Close of Discovery Dispositive Motions Deadline and Joint Pretrial Order 3 (Seventh Request). 4 5 6 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 7 8 9 10 11 DRUMMOND LAW FIRM 3325 W. SAHARA AVENUE LAS VEGAS, NEVADA 89102 DRUMMONDFIRM.COM 12 13 14 15 16 17 18 19 20 21 IT IS SO ORDERED: UNITED STATES MAGISTRATE JUDGE DATED: __________________________ 1-27-25 22 23 24 25 26 27 28 Page 7 of 7

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