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)

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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: (702) 408-3400 Facsimile (702) 938-8648 6 Email: mbacon@spencerfane.com jchong@spencerfane.com 4 7 Attorneys for Defendant USAA Casualty Insurance Company 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 CHRISTOPHER ORTIZ JR., an 11 Plaintiff, 12 13 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, 16 17 Defendants. 18 19 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: 22 23 24 25 26 27 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. 28 1 2 6. On September 19, 2023, Plaintiff served his FRCP first supplemental disclosure. 3 7. Defendant subpoenaed Plaintiff’s medical providers. 4 8. Defendants have served requests for production, and interrogatories on 5 6 7 8 9 10 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; 11 12 13 14 2. Defendant’s supplemental FRCP disclosures; 3. Defendant written discovery requests; 4. Initial and supplemental expert disclosures; 5. Independent Medical Examination of Plaintiff 15 6. Deposition of Plaintiff; 16 7. Deposition of Defendant; 17 8. Depositions of the parties’ lay witnesses; 18 9. Depositions of the parties’ expert witnesses; and 19 10. Any other potential depositions or written discovery which may become 20 21 22 23 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 25 26 27 28 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 2 Case No. 2:23-cv-00554-GMN-EJY 1 expert opinions. 2 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. 6 7 D. PROPOSED SCHEDULE FOR COMPLETION OF DISCOVERY Current Discovery Deadlines: 8 Last day to amend pleadings and add parties 9 Last day to disclose initial experts: June 7, 2024 Last day to disclose rebuttal experts: July 8, 2024 10 11 12 13 14 Close of Discovery: August 8, 2024 Last day to file Dispositive Motions: 16 17 18 19 September 9, 2024 Proposed Discovery Deadlines: Last day to amend pleadings and add parties Last day to disclose initial experts: 15 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. 20 21 22 23 24 25 26 27 28 3 Case No. 2:23-cv-00554-GMN-EJY 1 DATED this 3rd day of June, 2024. 2 3 4 5 6 7 8 9 10 11 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 12 ORDER 13 14 IT IS SO ORDERED. 15 U.S. MAGISTRATE JUDGE 16 Dated: June 3, 2024 17 18 19 20 21 22 23 24 25 26 27 28 4 Case No. 2:23-cv-00554-GMN-EJY

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