Witter v. American National Property and Casualty Company

Filing 17

ORDER granting 16 Discovery Plan and Scheduling Order. Discovery due by 7/10/2025. Motions due by 8/11/2025. Proposed Joint Pretrial Order due by 9/10/2025. Signed by Magistrate Judge Elayna J. Youchah on 1/29/2025. (Copies have been distributed pursuant to the NEF - CAH)

Download PDF
1 2 3 4 5 6 BENJAMIN J. CARMAN, ESQ. NV Bar # 12565 ADAM C. EDWARDS, ESQ. NV Bar # 15405 THE BIG GUNS INJURY ATTORNEYS 4045 Spencer Street Suite A52 Las Vegas, NV 89119 Telephone: (702) 500-GUNS Facsimile: (702) 628-7095 service@thebigguns.law Attorneys for Plaintiff William Witter 7 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 WILLIAM WITTER, an individual 11 Plaintiff, 12 v. 13 14 AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY, a foreign entity 15 Defendant 2:24-CV-01923-GMN-EJY PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER SUBMITTED IN COMPLIANCE WITH LR 26-1(b) 16 17 Plaintiff and Defendant, by and through their respective counsel, submit this 18 proposed discovery plan and scheduling order. 19 Fed.R.Civ.P. 26(f) Conference 20 The parties conducted their initial FRCP 26(f) conference on January 10, 21 2025, and there were no discovery disputes at that time. All parties agreed to 22 exchange their rule 26 disclosures by January 24, 2025, which is two weeks after 23 the FRCP 26(f) conference. 24 25 1 PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER 1 2 3 Based upon counsels' review of the evidence in this case, the parties now propose the following discovery plan: 1. Discovery Cut-Off Date: Defendant filed its petition for removal on 4 October 16, 2024. Based upon the evidence reviewed by counsel, the parties 5 require six months for discovery. Specifically, the parties request 180 days for 6 discovery from the date of the initial rule 26 conference, which equates to a 7 discovery cut-off date of July 10, 2025 . 8 2. Amending the Pleadings and Adding Parties: The parties request 9 that all motions to amend the pleadings or to add parties be filed by April 11, 10 2025— 90 days before the proposed close of discovery. 11 3. Fed.R.Civ.P. 26(a)(2) Disclosures (Experts): The parties request the 12 disclosure of experts be made on or before May 9, 2025— 60 days before the 13 proposed discovery cut-off date. Disclosure of rebuttal experts shall be made by 14 June 6, 2025 — 30 days after the initial disclosure of experts. 15 4. Dispositive Motions: The date for filing dispositive motions shall not be 16 later than 08/11/2025— 30 days after the proposed discovery cut-off date. In the 17 event that the discovery period is extended from the discovery cut-off date set forth 18 in this proposed Discovery Plan and Scheduling Order, the date for filing 19 dispositive motions shall be extended to be not later than 30 days from the 20 subsequent discovery cut-off date. 21 22 5. Pretrial Order: The date for filing the joint pretrial order shall not be later than September 10, 2025— 30 days after the cut-off date for filing dispositive 23 24 25 2 PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER 1 motions. In the event that dispositive motions are filed, the date for filing the joint 2 pretrial order shall be suspended until 30 days after entry of an order deciding such 3 motions, or until further order of the court. In the further event that the discovery 4 period is extended from the discovery cut-off date set forth in this discovery plan 5 and scheduling order, the date for filing the joint pretrial order shall be extended in 6 accordance with the time periods set forth in this paragraph. 7 6. Fed.R.Civ.P. 26(a)(3) Disclosures: The disclosures required by 8 Fed.R.Civ.P.26(a)(3), and any objections thereto, shall be included in the joint 9 pretrial order. 10 7. Extensions or Modifications of the Discovery Plan and 11 Scheduling Order: Any stipulation or motion must be made no later than 21 days 12 before the subject deadline. Requests to extend discovery deadlines must comply 13 fully with LR 26-4. 14 8. Alternative Dispute Resolution. The parties met and conferred at 15 the rule 26 conference regarding the possibility of using alternative dispute 16 resolution processes, namely arbitration and mediation. 17 9. Alternative Forms of Case Disposition. The parties met and 18 conferred regarding the use of a magistrate judge for all purposes or to submit to 19 the Short Trial Program. 20 10. Electronic Evidence. The parties met and conferred regarding the 21 use of electronic evidence and presenting the same to the jury. They will present 22 evidence to the jury in a format that will be compatible with the Court’s jury 23 24 25 3 PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER 1 evidence display system, with each party responsible for preparing their respective 2 exhibits to comply. 3 11. Consent to Service by Electronic Means through Electronic 4 Mail. The undersigned consent to service of documents by electronic means via 5 electronic mail and/or facsimile for all documents to be served outside of the 6 CM/ECF system. 7 FRCP 26(f)(3) VIEWS AND PROPOSALS 8 A. 9 The parties agree to make initial disclosures on or before January 24, 2025. 10 B. 11 The parties agree that the subjects of discovery shall include liability, 12 Initial Disclosures: Subjects On Which Discovery May Be Needed: causation, and damages of all forms. 13 C. Whether Discovery Should Be Conducted In Phases Or Be 14 Limited To Or Focused On Particular Issues 15 The parties agree that discovery need not be conducted in phases. 16 17 D. Issues Regarding Disclosure Of Electronically Stored Information, Including The Form Or Forms In Which It Should Be Produced: 18 The parties agree that no issues currently exist regarding the disclosure or 19 20 discovery of electronically stored information. E. Issues Regarding Claims Of Privilege Or Protection Of Pre-Trial Materials: 21 22 23 24 25 4 PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER 1 The parties agree to act in a manner that protects information entitled to be 2 kept confidential and to ensure that protection is limited to material entitled to any 3 such protections. The parties will work together, where possible, to establish an 4 appropriate scope of discovery as it relates to privileged communications in their 5 materials. 6 F. Changes That Should Be Made In The Limitations On Discovery Imposed Under These Rules Or By Local Rule: 7 None. 8 9 10 11 12 13 14 15 16 17 G. Orders That The Court Should Issue Under Rule 26(c)( or Rule 16(b) and (c): None. DATED January 29, 2025 DATED January 29, 2025 THE BIG GUNS INJURY ATTORNEYS THORNDAL ARMSTRONG, PC /s/Benjamin J. Carman BENJAMIN J. CARMAN, ESQ. NV Bar #12565 4045 Spencer Street, Suite A52 Las Vegas, NV 89119 702-500-GUNS Attorneys for Plaintiff William Witter /s/Gregory M. Schulman GREGORY M. SCHULMAN, ESQ. Nevada Bar No. 5766 600 S. Las Vegas Blvd, Ste. 400 Las Vegas, NV 89101 (702) 366-0622 Attorneys for Defendant American National Property and Casualty Company 18 19 ORDER IT IS SO ORDERED: 20 21 22 DATED: January 29, 2025 _______________________________________ UNITED STATES MAGISTRATE JUDGE 23 24 25 5 PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?