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