Balistreri v. Key Insurance Company

Filing 10

SCHEDULING ORDER granting #9 Discovery Plan and Scheduling Order. Discovery due by 1/3/2025. Motions due by 2/4/2025. Proposed Joint Pretrial Order due by 3/6/2024. Signed by Magistrate Judge Daniel J. Albregts on 5/9/2024. (Copies have been distributed pursuant to the NEF - MAM)

1 KIMBALL JONES, ESQ.
Nevada Bar No.: 12982
2 JOSHUA P. BERRETT, ESQ.
Nevada Bar No.: 12697
3 BIGHORN LAW
4 3675 W. Cheyenne Ave., Suite 100
North Las Vegas, Nevada 89032
5 Phone: [phone]
Email: [e-mail]
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[e-mail]
Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANDREA BALISTRERI, an individual;

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CASE NO.:

Plaintiff,

2:24-cv-00681 -JAD-DJA

STIPULATED JOINT DISCOVERY
PLAN AND SCHEDULING ORDER

v.
KEY INSURANCE COMPANY, a foreign
corporation; DOE DRIVER I-X; DOE OWNERS
I-X; ROE OWNERS I-X; ROE EMPLOYERS IX; AND ROE COMPANIES I-X,

Special Scheduling Review

Defendants.

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COMES NOW Plaintiff ANDREA BALISTRERI by and through his counsel of record

19 KIMBALL JONES, ESQ., and JOSHUA P. BERRETT, ESQ., of the law firm of BIGHORN LAW and
20 Defendant KEY INSURANCE COMPANY by and through its counsel, PHILIP GOODHART, ESQ., of
21 the law firm of THORNDAL ARMSTRONG, PC., and hereby submit this Stipulated Joint Discovery
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Plan and Scheduling Order:
Fed.R.Civ.P. 26(f) Conference.
Counsel for the parties participated in a Rule 26 Discovery Conference on May 3, 2024.
The conference was attended by Joshua P. Berrett, Esq., for Plaintiff and Philip Goodhart, Esq.,

27 for Defendant. At the conference, there were no discovery disputes at that time. The parties agree to
28 exchange their disclosure statements in a timely manner. Counsel are requesting nine months to complete

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1 discovery and be prepared for trial. More specifically, counsel request 270 days from the date of removal
2 to complete discovery. The parties are requesting a longer period to conduct discovery in order to
3 accommodate the fact that there will need to be discovery of non-parties, and counsel for the parties have
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demanding schedules already, particularly throughout the summer, so more time is anticipated to
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schedule and conduct the necessary discovery in this matter.
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Based upon the above, the parties request nine months for discovery under the discovery schedule
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1.

Discovery Cut-Off Date: The parties are requesting 270 days for discovery from April 8,

2024, the date of removal. Thus, the parties request a discovery cut-off date of January 3, 2025 – 270 days

11 after removal.
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2.

Amending the Pleadings and Adding Parties: The parties request that all motions to

13 amend the pleadings or to add parties be filed no later than October 4, 2024 – 91 days prior to the proposed
14 close of discovery.
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3.

Fed.R.Civ.P. 26(a)(2) Disclosures (Experts): The parties request the disclosure of experts

16 be made on or before November 4, 2024 – 60 days before the proposed discovery cut-off date. Disclosure
17 of rebuttal experts shall be made by December 4, 2024 - 30 days after the initial disclosure of experts.
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4.

Interim Status Report: Under recent changes in the rules, the parties will not file an interim

19 status report previously required by LR 26-3.
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5.

Dispositive Motions: The date of filing dispositive motions shall be no later than February

21 4, 2025, - 31 days after the proposed discovery cut-off date. In the event that the discovery period is extended
22 from the discovery cut-off date set forth in this proposed Discovery Plan and Scheduling Order, the date for
23 filing dispositive motions shall be extended to be not later than 30 days from the subsequent discovery cut24 off date.
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Pretrial Order: The date for filing the joint pretrial order shall not be later than March 6,
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2025, - 30 days after the cut-off date of filing dispositive motions. In the event that dispositive motions are
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filed, the date for filing the joint pretrial order shall be suspended until 30 days after decision on the
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dispositive motions or until further order of the court. In the further event that the discovery period is
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1 extended from the discovery cut-off date set forth in this Discovery Plan and Scheduling Order, the date for
2 filing the joint pretrial order shall be extended in accordance with the time periods set forth in this paragraph.
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7.

Fed.R.Civ.P. 26(a)(3) Disclosures: The disclosures required by Fed.R.C.P. 26(a)(3), and

4 any objections thereto, shall be included in the joint pretrial order.
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8.

Alternative Dispute Resolution: Counsel for the parties certify that they met and conferred

6 about the possibility of using alternative dispute resolution including mediation, arbitration and/or an early
7 neutral evaluation. The parties agree that an early neutral evaluation would not be effective at this time as
8 the parties and their counsel believe that it is necessary to conduct discovery before attempting to resolve
9 this case. Counsel further agree that a settlement conference or private mediation may be beneficial after
10 discovery is concluded. Finally, the parties and their counsel are not interested in submitting this case to
11 arbitration, at this time.
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9.

Alternative Forms of Case Disposition: The parties certify that they discussed consenting

13 to trial by a magistrate judge or engaging in the Short Trial Program under Fed.R.Civ.P. 73 and at present
14 do not consent to either alternative form of case disposition.
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Electronic Evidence: The parties certify that they have discussed and intend to use
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electronic evidence at the trial of this matter and will ensure that said evidence is in an electronic format
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compatible with the Court’s electronic jury evidence display system. At present, the parties have not agreed
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upon any stipulations regarding use of electronic evidence but will address this issue again in the Pre Trial
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Order.
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11.

Extensions or Modifications of the Discovery Plan and Scheduling Order: Any

2 stipulation or motion must be no later than 21 days before the subject deadline. Request to extend discovery
3 deadlines must comply fully with LR 26-3.
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Respectfully submitted this 8th day of May 2024.
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BIGHORN LAW

THORNDAL ARMSTRONG, PC

By: /s/ Joshua P. Berrett Esq.
KIMBALL JONES, ESQ.
Nevada Bar No.: 12982
JOSHUA P. BERRETT, ESQ.
Nevada Bar No.: 12697
3675 W Cheyenne Ave., Suite 100
North Las Vegas, Nevada 89032
Attorneys for Plaintiff

By: __/s/Philip Goodhart, Esq.________
PHILIP GOODHART, ESQ.
Nevada Bar No. 5334
600 S. Las Vegas Blvd., Suite 400
Las Vegas, Nevada 89101-5315
Attorneys for Key Insurance Company

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ORDER

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IT IS SO ORDERED:
_________________________________
UNITED STATES MAGISTRATE JUDGE
May 9
Dated: ____________________________,
2024.

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