Sotelo v. State Farm Fire and Casualty Company

Filing 26

ORDER granting 25 Stipulation to Extend Discovery Deadlines. Discovery due by 11/22/2024. Motions due by 12/23/2024. Proposed Joint Pretrial Order due by 1/24/2025. Signed by Magistrate Judge Daniel J. Albregts on 7/1/2024. (Copies have been distributed pursuant to the NEF - CT)

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Case 2:23-cv-01541-MMD-DJA Document 23 Filed 06/28/24 Page 1 of 4 1 2 3 4 5 6 JAMES E. HARPER Nevada Bar No. 9822 SABRINA G. WIBICKI Nevada Bar No. 10669 HARPER | SELIM 1935 Village Center Circle Las Vegas, Nevada 89134 Phone: (702) 948-9240 Fax: (702) 778-6600 Email: eservice@harperselim.com Attorneys for Defendant 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 JOSE SOTELO, individually, STIPULATION AND ORDER TO EXTEND DISCOVERY (Third Request) Plaintiff, 10 11 vs. 12 STATE FARM FIRE AND CASUALTY COMPANY, and DOES I through, and ROE CORPORATIONS XI through XX, inclusive, 13 CASE NO.: 2:23-cv-01541-MMD-DJA Defendant. 14 15 16 Plaintiff, JOSE SOTELO (“Plaintiff”), by and through his attorneys of record, ANGULO 17 LAW GROUP, and Defendant, STATE FARM FIRE AND CASUALTY COMPANY 18 (“Defendant”), by and through its attorneys of record, HARPER | SELIM, (collectively, “the 19 Parties”) submit the following Stipulation and proposed Order pursuant to LR 26-3 hereby agreeing 20 to a sixty (60) day continuance (third request) of the current discovery deadline to give the parties 21 additional time to facilitate resolution of the parties’ pending discovery dispute regarding State 22 Farm’s disclosure of confidential information (ECF No. 22) that impacts the Plaintiff’s noticed Rule 23 30(b)(6) deposition topics and State Farm’s responses to Plaintiff’s written discovery. The additional 24 time is necessary so as not to prejudice the parties’ expert witnesses and the disclosure of their 25 respective expert’s initial reports. 26 /// 27 1 1 I. STATEMENT OF DISCOVERY COMPLETED TO DATE 2 1. The Parties participated in the Rule 26(f) conference on November 3, 2023. 3 2. Plaintiff has served his Initial Disclosure of Documents and Witnesses and 12 4 Supplements. 3. 5 6 Defendant has served its Initial Disclosure of Documents and Witnesses and 2 Supplements. 7 4. Defendant has served its Designation of Expert Witnesses. 8 5. Plaintiff has propounded initial written discovery on Defendant and Defendant 9 10 responded; however, Defendant has withheld disclosure of additional confidential information pending a protective order. 6. 11 Defendant has propounded initial written discovery on Plaintiff and Plaintiff 12 responded; however, Plaintiff’s responses require supplemental responses following the parties’ 13 meet-and-confer on June 18, 2024. 14 7. Defendant has completed a Fed. R. Civ. P. 35 physical examination of Plaintiff. 15 8. The depositions of three of State Farm’s claim personnel have been completed. 16 9. Plaintiff has noticed the Deposition of State Farm’s Rule 30(b)(6) witness(es); 17 however, the deposition topics broach subjects and documents that are subject to a protective order. 18 II. STATEMENT OF DISCOVERY THAT NEEDS TO BE COMPLETED 19 1. Disclosure of confidential information subject to protective order. 20 2. Deposition of State Farm’s Rule 30(b)(6) witness(es). 21 3. Deposition of the Plaintiff. 22 4. Initial Expert Disclosures. 23 5. Rebuttal Expert Disclosures. 24 6. Expert witness depositions. 25 7. Depositions of Plaintiff’s treating physicians. 26 8. Supplemental and additional written discovery. 27 /// 2 1 III. 2 REASONS WHY DISCOVERY SHOULD BE EXTENDED The parties are anticipating the Court’s resolution of a pending discovery dispute regarding 3 State Farm’s disclosure of confidential information (ECF No. 22) that impacts the Plaintiff’s noticed 4 Rule 30(b)(6) deposition topics. The Rule 30(b)(6) topics, also, broach subjects and documents that 5 are subject to protection. Following the entry of a protective order, the deposition of State Farm’s 6 Rule 30(b)(6) witness will be rescheduled to a time that will permit both (1) Defendant’s timely 7 disclosure of confidential information, and (2) Defendant’s supplemental responses to Plaintiff’s 8 written discovery. Additional time will assist the parties’ expert witnesses and the disclosure of their 9 respective expert’s initial reports and facilitate the resolution of the parties’ discovery disputes. The 10 parties are, therefore, seeking a ninety (60) day continuance of the current discovery deadline to 11 complete the remaining discovery. The extension is not to harass or delay proceedings. 12 /// 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 1 IV. It is hereby stipulated that the discovery cutoff deadline be extended for a period of sixty (60) 2 3 PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY days. If approved, the new discovery deadline would be modified as follows: 4 Task Last day to amend pleadings and add parties Last day to disclose initial experts and reports Last day to disclose rebuttal experts and reports Discovery cutoff Last day to file dispositive motions Pre-Trial order 5 6 7 8 9 10 11 12 13 15 16 October 25, 2024 November 22, 2024 December 23, 2024 2 January 24, 2025 HARPER | SELIM /s/ Peter M. Angulo /s/ James E. Harper _________________________________ JAMES E. HARPER Nevada Bar No. 9822 SABRINA G. WIBICKI Nevada Bar No. 10669 1935 Village Center Circle Las Vegas, Nevada 89134 Attorneys for Defendant IT IS SO ORDERED. 20 DATED: 7/1/2024 21 22 UNITED STATES MAGISTRATE JUDGE 23 27 August 26, 2024 September 23, 2024 October 22, 2024 November 25, 2024 ORDER 19 26 September 23, 2024 1 ANGULO LAW GROUP 18 25 July 24, 2024 DATED this 28th day of June 2024. 17 24 Proposed Deadline Closed DATED this 28th day of June 2024. _________________________________ PETER M. ANGULO Nevada Bar No. 3672 5545 S. Mountain Vista Street, Suite F Las Vegas, Nevada 89120 Attorneys for Plaintiff 14 Current Deadline Closed 1 This deadline falls on Sunday, September 22, 2024. As a result, this deadline extends to the next court day of Monday, September 23, 2024, by operation of NRCP 6. 2 This deadline falls on Saturday, December 21, 2024. As a result, this deadline extends to the next court day of Monday, December 23, 2024, by operation of NRCP 6. 4

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