Pierre et al v. Allstate Indemnity Company

Filing 19

ORDER Granting 18 Stipulated Discovery Plan. Discovery due by 1/27/2025. Motions due by 3/3/2025. Proposed Joint Pretrial Order due by 3/31/2025. Signed by Magistrate Judge Daniel J. Albregts on 8/29/2024. (Copies have been distributed pursuant to the NEF - AMMi)

Case 2:24-cv-00010-APG-DJA Document 18 Filed 08/28/24 Page 1 of 6

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Patrick R. Leverty, Esq., NV Bar No. 8840
[e-mail]
William R. Ginn, Esq., NV Bar No. 6989
[e-mail]
832 Willow Street; Reno, NV 89502
Telephone: [phone]
Attorneys for 1420 Med LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
JEAN PIERRE, A NEVADA RESIDENT,
1420 MED. LLC, A TEXAS LIMITED
LIABILITY COMPANY
Plaintiff

Case No.: 2:24-cv-00010-APG-DJA

vs.

Stipulation and Order to Extend
Discovery Deadlines (Second Request)

ALLSTATE INDEMNITY COMPANY
Defendants
Pursuant to LR IA 6-1 and LR II 26-3, Plaintiffs, JEAN PIERRE and 1420 MED LLC, by
and through their counsel, William R Ginn, Esq. of LEVERTY & ASSOCIATES LAW, CHTD.,
and Defendant, ALLSTATE INDEMNITY COMPANY, by and through counsel of record John
T. Keating, Esq. of KEATING LAW GROUP respectfully submit the following stipulation
requesting that this Court extend discovery in the above-captioned case by ninety (90) days, up
to and including October 29, 2024. In addition, the parties request that all other future deadlines
contemplated by the Discovery Plan and Scheduling Order, including the initial expert disclosure
deadline of July 1, 2024, be extended. This stipulation is being made less than 21 days before the
expiration of the current expert disclosure deadline and is being entered into in good faith and not
for the purpose of delay. Undersigned counsel is cognizant of and appreciates the fact that the
original Scheduling Order was granted with Special Scheduling Review. However, this is the
second requested stipulation to extend the discovery deadlines and the parties have agreed to
extend the deadlines another 90 days so that all necessary depositions can be conducted and
transcripts available for the claims handling experts who will require this testimony. The current

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Case 2:24-cv-00010-APG-DJA Document 18 Filed 08/28/24 Page 2 of 6

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discovery schedule does not allow for this to take place. For good cause and in support of this

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stipulation and request, the parties state as follows:
DISCOVERY COMPLETED

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1.

On January 26, 2024, the parties conducted an initial FRCP 26(f) conference.

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2.

The parties have served their Initial Disclosures pursuant to FRCP 26(a)(1) and continue

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to provide supplements thereto.

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3.

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(141 requests total) on Defendant Allstate Indemnity Company. Allstate served its Responses to

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Set 1 and Set 2 on May 10, 2024 via extension of time. Allstate then served its First Supplemental

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Response to Set 1 on May 16, 2024 and its Second Supplemental Responses to Set 1 on May 31,

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2024. Allstate then served its Responses to Set 3 on June 5, 2024, again via extension of time.

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4.

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Documents to Plaintiff Jean Pierre on June 14, 2024, which were responded to on July 16, 2024.

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took place on July 1, 2024;

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6.

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place on July 17, 2024;

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7.

On April 1, 2024, Plaintiffs served three (3) sets of Requests for Production of Documents

Defendant Allstate served its initial set of Interrogatories and Requests for Production of

The deposition of Allstate Indemnity Company claims representative Michael Broszcak

The deposition of Allstate Indemnity Company claims representative Dan Munson took

The deposition of Plaintiff, took place on July 17, 2024.
DISCOVERY REMAINING

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1.

The deposition of Allstate Indemnity Company claims representative Karl Kreigh, for

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whom availability has not been determined;

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2.

The Fed. R. Civ. Proc. 30(b)(6) deposition of Allstate Indemnity Company;

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Expert disclosures and depositions;.

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Rebuttal disclosures and depositions;.

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Further, other appropriate discovery may also need to be conducted, including additional

26 written discovery and/or depositions of percipient witnesses; and.
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Any and all discovery required as permitted by the Federal Rules of Civil Procedure.

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Case 2:24-cv-00010-APG-DJA Document 18 Filed 08/28/24 Page 3 of 6

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WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED

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The parties aver, pursuant to Local Rule 26-3, that good cause exists for the following

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requested extension. This Request for an extension of time is not sought for any improper purpose

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or other purpose of delay. Rather, the parties seek this extension solely for the purpose of allowing

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sufficient time to conduct discovery.

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The parties have been diligent in moving the case forward: participating in a reasonable

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amount of discovery, including exchanging and supplementing their initial lists of witnesses and

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documents; propounding written discovery requests and preparing responses thereto; and

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scheduling depositions. The parties have run into scheduling issues with of the Allstate Indemnity

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Company claims representatives.

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In an effort to accommodate counsel, parties and witnesses, the parties have agreed to

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extend the deadlines another 90 days so that all necessary remaining depositions can be conducted

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and available for the claims handling experts who will require these depositions, and to allow for

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the parties to engage in assisted settlement negotiations. This case is an insurance bad faith action

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brought by Plaintiff for damages allegedly suffered as a result of two consecutive homeowner

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claims; one for vandalism, and a second for water damage. The deposition testimony of the

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remaining Allstate Indemnity Company claims representatives is necessary for the parties’

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respective retained experts to evaluate and comment upon that testimony in their expert reports

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in advance of the experts’ respective depositions.

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The current discovery schedule does not allow for this to take place. The parties once

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again acknowledge that this Stipulation and Order is being submitted less than 21 days in advance

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of the expert disclosure deadline , one of the discovery deadlines it seeks to extend.

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Extension or Modification of The Discovery Plan and Scheduling Order. LR 26-3 governs

25 modifications or extension of the Discovery Plan and Scheduling Order. Any stipulation or
26 motion to extend or modify that Discovery Plan and Scheduling Order must be made no later than
27 21 days before the expiration of the subject deadline and must comply fully with LR 26-3. Any
28 request made within 21 days of the subject deadline must be supported by a showing of good

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cause. This stipulation is made more than 21 days before the expiration of the discovery deadline,

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but less than 21 days before the expiration of the expert disclosure deadline.

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The parties have been diligently working to complete discovery but have encountered

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unforeseen issues preventing them from doing so. Despite the parties’ best efforts to overcome

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these issues and complete the depositions before the deadline, they were unable to do so, which

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prompted them to submit this request. The parties’ diligence in conducting discovery lends

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support to finding excusable neglect. Buonarigo v. BJ’s Tavern LLC, No. CV-19-08037-PCT-

8 JAT, 2020 U.S. Dist. LEXIS 233075, at *4 (D. Ariz. Dec. 11, 2020) (citing Pincay v. Andrews,
9 389 F.3d 853, 859 (9th Cir. 2004)).
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Moreover, the parties will both be prejudiced if they are unable to complete these

11 depositions as the remaining witnesses possess relevant information regarding the primary
12 contested factual issue in this case, the validity of Defendant’s coverage investigation Id.
13 Therefore, the parties believe good cause has been demonstrated pursuant to LR II 26-3 for the
14 reasons stated above and support their request to extend the close of discovery, which will help
15 to “effectuate the general purpose of seeing that cases are tried on the merits. Id. at *3 (quoting
16 Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258-59 (9th Cir. 2010). The parties have
17 been acting in good faith in diligently attempting to complete discovery by the current deadline
18 and good cause exists for an extension of the discovery deadlines.
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The parties believe that an additional 90 days of discovery would allow the parties to

20 complete the remaining discovery necessary for the parties’ claims and defenses and that good
21 cause is demonstrated by the need to complete the remaining depositions of Defendant’s claims
22 adjusters and Plaintiff and will only leave the claims handling experts to be deposed, and will
23 allow for the parties to engage in assisted settlement negotiations.
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This is the second request for extension of time in this matter. The parties respectfully

25 submit that the reasons set forth above constitute compelling reasons and good cause for the short
26 extension.
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Case 2:24-cv-00010-APG-DJA Document 18 Filed 08/28/24 Page 5 of 6

PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY

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Scheduled Event
Discovery Cut Off
Amended Pleadings or to add
parties
Expert Disclosures Pursuant
to Fed. R. Civ. Proc. 26(a)(2)
Rebuttal Expert Disclosures
Dispositive Motions
Joint Pretrial Order

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Proposed Deadline
Monday, January 27, 2025
Closed

Friday, August 30, 2024

Monday, December 2, 2024 1

Monday, September 30, 2024
Monday December 2, 2024
Monday, December 30, 2024

Monday, January 6, 2025 2
Monday, March 3, 2025
Monday, March 31, 2025

WHEREFORE, the parties respectfully request that this Court extend the discovery period
by ninety (90) days, or the nearest business day after ninety (90) days, from the current deadline
of October 29, 2024, and the other dates as outlined in accordance with the table above.
TRIAL DATE

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Current Deadline
Tuesday, October 29, 2024
June 3, 2024

This enlargement of time does not have any effect on trial as trial has not yet been set in
this matter.

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LEVERTY & ASSOCIATES LAW, CHTD
Dated this: 28th day of August, 2024

KEATING LAW GROUP
Dated this: 28th day of August, 2024

/s/ William R. Ginn

/s/ John T. Keating

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William R. Ginn, Esq., NV Bar No. 6989
Patrick R. Leverty, Esq., NV Bar No. 8840
832 Willow Street
Reno, NV 89502

John T. Keating, Esq., NV Bar No. 6373
9130 W. Russell Road, Suite 200
LAS VEGAS, NV 89148

Attorneys for Plaintiffs

Attorneys for Defendant

IT IS SO ORDERED

_____________________________
United States Magistrate Judge
DATED:
Dated this8/29/2024
_____ day of _____, 2024
Case No. 2:24-cv-00010-APG-DGA

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The actual date falls on November 28, 2024, which is Thanksgiving day.
Extended from Wednesday, January 1, 2025, which is New Years Day

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Case 2:24-cv-00010-APG-DJA Document 18 Filed 08/28/24 Page 6 of 6

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CERTIFICATE OF SERVICE
Pursuant to Rule 5(b) of the Federal Rules of Civil Procedure, I hereby certify under

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penalty of perjury that I am an employee of Leverty & Associates Law, Chtd., and that service

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of the foregoing Stipulation and Order to Extend Discovery Deadlines (Second Request) was

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made via email system to all listed counsel of record, with a copy to follow via U.S. Mail:
John Keating
9130 W. Russell Road, Suite 200
LAS VEGAS, NV 89148
[e-mail]
Attorneys for Allstate Insurance Company

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DATED: August 28, 2024

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________________________________________
An Employee of Leverty & Associates Law Chtd.

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