Covarrubias et al v. Key Insurance Company

Filing 30

ORDER granting 29 Stipulation to Extend Time to Complete Discovery. Discovery due by 3/20/2024. Motions due by 4/19/2024. Proposed Joint Pretrial Order due by 5/20/2024. Signed by Magistrate Judge Daniel J. Albregts on 11/14/2023. (Copies have been distributed pursuant to the NEF - CT)

1 ALI R. IQBAL, ESQ.
Nevada Bar No. 15056
2 JAMES P. C. SILVESTRI, ESQ.
3 Nevada Bar No. 3603
PYATT SILVESTRI
4 701 Bridger Ave., Suite 600
Las Vegas, NV 89101
5 Tel: [phone]
Fax: [phone]
6 [e-mail]
7 [e-mail]
8 Attorneys for Defendant,
KEY INSURANCE COMPANY
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LUCIA COVARRUBIAS, an Individual,
MARIA DE JESUS RODRIGUEZ, an
Individual, ESTATE OF OSCAR
ALFREDO AYALA, Individually and as
Assignees of PABLO C. TORRESESPARZA

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CASE NO.: 2:23-cv-00291-APG-DJA

Plaintiff,
vs.

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KEY INSURANCE COMPANY, and
DOES I - V, and ROE CORPORATIONS
I - V, inclusive,
Defendants.

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STIPULATION AND PROPOSED TO EXTEND TIME TO COMPLETE DISCOVERY
(SECOND REQUEST)

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IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs LUCIA

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26 COVARRUBIAS, MARIA DE JESUS RODRIGUEZ, and the ESTATE OF OSCAR
27 ALFREDO AYALA and their counsel of record, David F. Sampson, Esq., of the Law Offices of
David Sampson, and Defendant KEY INSURANCE COMPANY, through its counsel of record
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Pyatt Silvestri

701 Bridger Ave
Suite 600
Las Vegas, NV 89101
[phone]

Page 1 of 4

1 James P.C. Silvestri, Esq., and Ali R. Iqbal, Esq., of the law firm Pyatt Silvestri, that the close of
2 discovery shall be extended 60 days, pursuant to L.R. 26-3. This is the secibd request made by
3 the parties. The parties set forth the following information in support of their stipulation.
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a) Statement Specifying the Discovery Completed.
Plaintiffs made their initial disclosures as required by FRCP 26(a)(1) on April 25, 2023, a

6 supplemental disclosure on June 21, 2023, a second supplemental disclosure on August 11, 2023,
7 a third supplemental disclosure on August 17, 2023, and a fourth supplemental disclosure on
8 November 6, 2023. Defendant made its initial disclosures as required by FRCP 26(a)(1) on
9 April 5, 2023, a supplemental disclosure on May 25, 2023, a second supplemental disclosure on
10 June 20, 2023, a third supplemental disclosure on October 20, 2023, and a fourth supplemental
11 disclosure on October 27, 2023.
On April 25, 2023, Plaintiffs served their first sets of Interrogatories and Requests for
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Production of Documents on Defendant. On May 25, 2023, Defendant responded to Plaintiffs’
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Interrogatories and Requests for Production of Documents. On June 22, 2023, Defendant served
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supplemental responses to Plaintiffs’ Requests for Production of Documents and supplemental
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Answers to Plaintiffs’ Interrogatories. On July 14, 2023, Defendant served their first sets of
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Interrogatories, Requests for Production of Documents, and Requests for Admissions to
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Plaintiffs. Defendant has requested the availability of Plaintiffs for depositions. On August 17,
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2023, Plaintiffs answered Defendant’s first set of written discovery.
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On September 12, 2023, the parties submitted a stipulated confidentiality and protective
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order. On October 23, 2023, Defendant served its Initial Designation of Expert Witness and
21 Disclosure. On October 27, 2023, Defendant’ provided its second supplemental responses to
22 Plaintiff’s Requests for Production of Documents. On November 9, 2023, Plaintiff served their
23 second set of Request for Production of Documents to Defendant.
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b) Discovery That Remains to Be Completed.
The extension is necessary so the parties can conduct further discoveries and requests

26 time to do that is beyond the current close of discovery. Plaintiffs have asked to depose, and have
27 set the depositions of, the Defendant's 30(b)(6) witness as well as Defendant's expert.
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Pyatt Silvestri

701 Bridger Ave
Suite 600
Las Vegas, NV 89101
[phone]

Page 2 of 4

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c) Reasons Discovery Was Not Completed Within the Time Limits and Needs to Be

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Extended

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The parties are making a request to extend only the deadlines related to the Close of

4 Discovery, Dispositive Motions, and joint Pre-Trial Order, all of which have not passed.
5 Pursuant to FRCP 6(b)(1)(A), and specifically LR 26-3, “a stipulation to extend any date set by
6 the discovery plan, scheduling order, or other order must….be supported by a showing of good
cause for the extension. A…stipulation to extend a deadline set forth in a discovery plan must be
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received by the court no later than 21 days before the expiration of the subject deadline.”
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Here, there exists good cause for the extension of the discovery deadlines and this
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Request is being made well before the close of discovery deadline, which is currently, December
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21, 2023. There exists good cause since the parties have both been actively working together in
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order to schedule depositions of the respective parties. Plaintiffs have requested depositions of
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Key Insurance Company’s representatives and Defendant’s expert, however the date requested is
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such that is a conflict for Defendant’s counsel as well as Defendant. Further, Defendants have
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requested the depositions of Plaintiffs and are working to obtain availability in order to do so.
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Defendants also plan to take the depositions of two additional witnesses identified by the parties.
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Further, Plaintiff and Defendant’s counsel have a trial scheduled in another matter that
17 has been blocked out by the court from December 11, 2023, until December 21, 2023.1
18 Therefore, in order to accommodate both parties’ schedules near the close of discovery, the
19 parties stipulate to extend the close of discovery deadline in order to complete depositions in a
20 timely manner and work with their respective schedules, especially considering the trial schedule
21 of the parties.
d) Proposed Schedule for Completing All Remaining Discovery

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In order to allow time for the parties to resolve and complete additional necessary

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24 discovery before they exchange expert reports, the parties which to extend existing deadlines by
25 90 days, for good cause as demonstrated above, as follows:
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Pyatt Silvestri

701 Bridger Ave
Suite 600
Las Vegas, NV 89101
[phone]

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Eighth Judicial District Court, Case No.: A-19-791828-C.
Page 3 of 4

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Current Date

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Proposed Date

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Amend Pleadings and Add Parties May 23, 2023

Closed

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Initial Expert Disclosures

October 23, 2023

Closed

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Rebuttal Expert Disclosures

November 21, 2023 November 21, 2023

Close of Discovery

December 21, 2023

March 20, 2024

Dispositive Motions

January 22, 20242

April 19, 2024

Joint Pretrial Order

February 19, 2024

May 20, 20243

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Based on the foregoing, the parties respectfully request this Court grant their Stipulation

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an Order to Extend Discovery Deadlines (Second Request).
Respectfully Submitted this 13th day of November 2023.

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PYATT SILVESTRI

LAW OFFICES OF DAVID SAMPSON

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/s/ Ali R. Iqbal, Esq.
JAMES P. C. SILVESTRI, ESQ.
Nevada Bar No. 3603
ALI R. IQBAL, ESQ.
Nevada Bar No. 15056
701 Bridger Ave., Suite 600
Las Vegas, NV 89101
Attorneys for Defendant

/s/David F. Sampson
DAVID F. SAMPSON, ESQ.
Nevada Bar No. 6811
630 South 3rd Street
Las Vegas, NV 89101
Attorney for Plaintiffs

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ORDER

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IT IS SO ORDERED.

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DATED: 11/14/2023

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UNITED STATES MAGISTRATE JUDGE

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Pyatt Silvestri

701 Bridger Ave
Suite 600
Las Vegas, NV 89101
[phone]

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The actual date falls on a Saturday, January 20, 2024.
The actual date falls on a Sunday, March 19, 2024.
Page 4 of 4

Jennifer Garcia
From:
Sent:
To:
Cc:
Subject:

David Sampson <[e-mail]>
Sunday, November 12, 2023 2:22 PM
Ali Iqbal; David Sampson
Amanda Nalder; James Silvestri; Barbara Abbott; Jennifer Garcia
Re: Covarrubias et. al. v. Key Insurance

Caution! This message was sent from outside your organization.

This is fine. Thank you. You may affix my e-signature and file the same.
Thanks,
On Sun, Nov 12, 2023 at 1:12 PM Ali Iqbal <[e-mail]> wrote:
I’ve made those changes, it is attached. We will submit this tomorrow.

Best,

Ali R. Iqbal, Esq.

701 Bridger Avenue, Suite 600
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
www.pyattsilvestri.com

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