Ortiz v. USAA Casualty Insurance Company

Filing 46

ORDER granting 45 Stipulation to Extend Discovery. Discovery due by 10/8/2024. Motions due by 11/9/2024. Signed by Magistrate Judge Elayna J. Youchah on 6/3/2024. (Copies have been distributed pursuant to the NEF - CT)

1 Mary E. Bacon, Esq.

(NV Bar No. 12686)

2 Jessica E. Chong, Esq.

(NV Bar No. 13845)

3 SPENCER FANE LLP

300 S. Fourth Street, Suite 950
Las Vegas, NV 89101
5 Telephone: [phone]
Facsimile [phone]
6 Email: [e-mail]
[e-mail]
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Attorneys for Defendant USAA Casualty Insurance Company
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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10 CHRISTOPHER ORTIZ JR., an
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Plaintiff,

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Case No. 2:23-cv-00554-GMN-EJY

individual,
STIPULATION AND ORDER TO
EXTEND DISCOVERY

v.

(FOURTH REQUEST)

CASUALTY
INSURANCE
14 USAA
COMPANY, a foreign corporation; DOE
15 INDIVIDUALS I-X, inclusive; and ROE
CORPORATIONS I-X, inclusive,
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Defendants.

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Plaintiff, Christopher Ortiz (“Plaintiff”), and Defendant, USAA Casualty Insurance

20 Company (“Defendant”) have agreed to extend the discovery deadlines by 60 days. In
21 support of this Stipulation the parties state as follows:
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A. DISCOVERY THAT HAS BEEN COMPLETED
1. On July 10, 2023, the parties conducted an initial FRCP 26(f) conference.
2. On July 18, 2023, Plaintiff served his FRCP 26 Initial Disclosures.
3. On July 18, 2023, Defendant served their FRCP 26 Initial Disclosures.
4. Defendant subpoenaed Plaintiff’s medical providers and pharmacies.
5. On October 27, 2023, Defendant disclosed its FRCP first supplemental
disclosures.

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6. On September 19, 2023, Plaintiff served his FRCP first supplemental
disclosure.

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7. Defendant subpoenaed Plaintiff’s medical providers.

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8. Defendants have served requests for production, and interrogatories on

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Plaintiff.
9. On January 24, 2024, Defendant disclosed its FRCP second supplemental
disclosure.
10. On March 28, 2024, Plaintiff disclosed its FRCP second supplemental
disclosures.
B. DISCOVERY REMAINING:
1. Plaintiff’s supplemental FRCP disclosures;

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2. Defendant’s supplemental FRCP disclosures;
3. Defendant written discovery requests;
4. Initial and supplemental expert disclosures;
5. Independent Medical Examination of Plaintiff

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6. Deposition of Plaintiff;

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7. Deposition of Defendant;

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8. Depositions of the parties’ lay witnesses;

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9. Depositions of the parties’ expert witnesses; and

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10. Any other potential depositions or written discovery which may become

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necessary as discovery continues.
C. REASONS REMAINING DISCOVERY CANNOT BE COMPLETED WITHIN THE
TIME SET BY PRIOR DISCOVERY PLAN:
The parties have diligently engaged in discovery in this matter. The parties strongly

24 believed settlement was possible in this case, and invested the last several months in that
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goal. Ultimately, the parties were not successful. Good cause exists to continue existing
deadlines because the Parties agreed to pause expert discovery to invest that time and
resources towards settlement. The parties now need time to engage experts and complete
their depositions, etc. with the goal of continuing settlement negotiations with the benefit of
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Case No. 2:23-cv-00554-GMN-EJY

1 expert opinions.
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No party will be prejudiced by the extension, and the requested extension is made in

3 good faith and not for purposes of delay. Based on the foregoing, the parties respectfully
4 request that the Court grant their joint request to extend the deadline by 60 days in
5 accordance with the requested amended discovery deadlines.
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D. PROPOSED SCHEDULE FOR COMPLETION OF DISCOVERY
Current Discovery Deadlines:

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Last day to amend pleadings and add parties

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Last day to disclose initial experts:

June 7, 2024

Last day to disclose rebuttal experts:

July 8, 2024

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Close of Discovery:

August 8, 2024

Last day to file Dispositive Motions:

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September 9, 2024

Proposed Discovery Deadlines:
Last day to amend pleadings and add parties
Last day to disclose initial experts:

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Closed

Closed
August 8, 2024

Last day to disclose rebuttal experts:

September 8, 2024

Close of Discovery:

October 8, 2024

Last day to file Dispositive Motions:

November 9, 2024

E. CURRENT TRIAL DATE
A trial date has not been set.

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Case No. 2:23-cv-00554-GMN-EJY

1 DATED this 3rd day of June, 2024.
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DATED this 3rd day of June, 2024.

THE POWELL LAW FIRM

SPENCER FANE, LLP

/s/ Benjamin Carman
Paul D. Powell (7488)
Tom W. Stewart (14280)
8918 Spanish Ridge Avenue, Suite 100
Las Vegas, Nevada 89148

/s/ Mary E. Bacon
Mary E. Bacon, Esq.
(Nevada Bar No. 12686)
Jessica E. Chong, Esq.
(Nevada Bar No. 13845)
300 S. Fourth Street, Suite 950
Las Vegas, NV 89101
Attorneys for USAA Casualty Insurance
Policy

and
Benjamin Carman, Esq.
NV Bar #12565
THE BIG GUNS INJURY ATTORNEYS
4045 Spencer Street, Suite A52
Las Vegas, NV 89119
Attorneys for Plaintiff

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ORDER

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IT IS SO ORDERED.

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U.S. MAGISTRATE JUDGE

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Dated: June 3, 2024

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Case No. 2:23-cv-00554-GMN-EJY