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)

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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: (702) 383-6000 Fax: (702) 477-0088 6 7 8 Attorneys for Defendant, KEY INSURANCE COMPANY 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 14 15 16 LUCIA COVARRUBIAS, an Individual, MARIA DE JESUS RODRIGUEZ, an Individual, ESTATE OF OSCAR ALFREDO AYALA, Individually and as Assignees of PABLO C. TORRESESPARZA 17 18 CASE NO.: 2:23-cv-00291-APG-DJA Plaintiff, vs. 19 20 21 22 KEY INSURANCE COMPANY, and DOES I - V, and ROE CORPORATIONS I - V, inclusive, Defendants. 24 STIPULATION AND PROPOSED TO EXTEND TIME TO COMPLETE DISCOVERY (SECOND REQUEST) 25 IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs LUCIA 23 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 28 Pyatt Silvestri 701 Bridger Ave Suite 600 Las Vegas, NV 89101 (702) 383-6000 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. 4 5 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 12 Production of Documents on Defendant. On May 25, 2023, Defendant responded to Plaintiffs’ 13 Interrogatories and Requests for Production of Documents. On June 22, 2023, Defendant served 14 supplemental responses to Plaintiffs’ Requests for Production of Documents and supplemental 15 Answers to Plaintiffs’ Interrogatories. On July 14, 2023, Defendant served their first sets of 16 Interrogatories, Requests for Production of Documents, and Requests for Admissions to 17 Plaintiffs. Defendant has requested the availability of Plaintiffs for depositions. On August 17, 18 2023, Plaintiffs answered Defendant’s first set of written discovery. 19 On September 12, 2023, the parties submitted a stipulated confidentiality and protective 20 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. 24 25 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. 28 Pyatt Silvestri 701 Bridger Ave Suite 600 Las Vegas, NV 89101 (702) 383-6000 Page 2 of 4 1 c) Reasons Discovery Was Not Completed Within the Time Limits and Needs to Be 2 Extended 3 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 7 received by the court no later than 21 days before the expiration of the subject deadline.” 8 Here, there exists good cause for the extension of the discovery deadlines and this 9 Request is being made well before the close of discovery deadline, which is currently, December 10 21, 2023. There exists good cause since the parties have both been actively working together in 11 order to schedule depositions of the respective parties. Plaintiffs have requested depositions of 12 Key Insurance Company’s representatives and Defendant’s expert, however the date requested is 13 such that is a conflict for Defendant’s counsel as well as Defendant. Further, Defendants have 14 requested the depositions of Plaintiffs and are working to obtain availability in order to do so. 15 Defendants also plan to take the depositions of two additional witnesses identified by the parties. 16 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 22 In order to allow time for the parties to resolve and complete additional necessary 23 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: 26 27 28 Pyatt Silvestri 701 Bridger Ave Suite 600 Las Vegas, NV 89101 (702) 383-6000 1 Eighth Judicial District Court, Case No.: A-19-791828-C. Page 3 of 4 1 Current Date 2 Proposed Date 3 Amend Pleadings and Add Parties May 23, 2023 Closed 4 Initial Expert Disclosures October 23, 2023 Closed 5 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 6 7 8 9 Based on the foregoing, the parties respectfully request this Court grant their Stipulation 10 11 an Order to Extend Discovery Deadlines (Second Request). Respectfully Submitted this 13th day of November 2023. 12 13 PYATT SILVESTRI LAW OFFICES OF DAVID SAMPSON 14 /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 15 16 17 18 19 ORDER 20 IT IS SO ORDERED. 21 22 DATED: 11/14/2023 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 2 28 Pyatt Silvestri 701 Bridger Ave Suite 600 Las Vegas, NV 89101 (702) 383-6000 3 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 <> 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 <> 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: (702) 383-6000 Facsimile: (702) 477-0088 1 Allow sender | Block sender

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