Krische v. National Fire Insurance of Hartford

Filing 29

DUPLICATE OF 28 , Docketed in error ORDER DENYING 27 Stipulation for Extension of Time. Signed by Magistrate Judge Valerie P. Cooke on 06/27/2013. (Copies have been distributed pursuant to the NEF - KR) Modified on 6/27/2013 (KR).

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
PHILLIP KRISCHE,

)
)
Plaintiff,
)
)
vs.
)
)
NATIONAL FIRE INSURANCE
)
OF HARTFORD, et al.,
)
)
Defendants.
)
______________________________)
PRESENT:

3:13-CV-0200-RCJ (VPC)
MINUTES OF THE COURT
June 27, 2013

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the Court is the parties' stipulation for stay, or in the alternative, extension of time to
complete discovery (second request) (#27). Defendant National Fire Insurance of Hartford filed a
petition for removal of this case on September 28, 2012 (#1). The Court approved a discovery plan
and scheduling order on October 25, 2012, and it provides that discovery was to be completed no
later than July 15, 2013 (#11). On April 26, 2013, the parties filed a stipulation to request an
extension of the original discovery plan and scheduling order and represented that they had
completed the following discovery:
1.
2.
3.
4.
5.
6.
7.

Initial disclosures and supplements pursuant to Fed.R.Civ.P. 26;
Both parties had propounded written discovery, including interrogatories, requests
for admissions, and requests for production of documents;
Both parties have responded to the written discovery requests;
Defendant requested and plaintiff provided authorizations for the release of medical
records, tax returns, insurance claims files, and employment records;
Plaintiff conducted the depositions of Capital Glass personnel;
Plaintiff served defendant with amended notices of deposition for Chip Larken and
NFIH's person most knowledgeable for May 2013; and
Defendant have requested and obtained a "large portion of Plaintiff's medical records,
tax returns, insurance claim files, and employment records" (#25)

The April stipulation requested a sixty-day extension to complete discovery on the ground
it had been difficult to coordinate schedules of the parties and witnesses for multiple depositions.
Id. The Court approved the stipulation, but noted, “There will be no further extensions" (#25).
The parties now ask the Court for another extension of the scheduling order because they
have scheduled a private mediation on September 3, 2013, and if the case does not settle, that the
Court extend discovery an additional 180 days, or until March 3, 2014 (#27). In their stipulation,
the parties report they have conducted the very same discovery they reported back in April, but add
that they cancelled the May 2013 depositions in anticipation of the private mediation. Id. In short,
since April, the parties have conducted no additional discovery, they elected to vacate the May
depositions earlier reported, and they scheduled a private mediation that cannot be held until
September even though this Court clearly stated it would grant no further extensions. The parties
also failed to report in the stipulation that this Court specifically stated in its prior order that there
would be no further extensions granted.
The Court will not approve the proposed stipulation (#27) because the parties did not engage
in any further discovery since the prior extension, they failed to report to the court that no further
extensions would be granted, and they now wish to extend discovery until March 2014, eighteen
months after the case was removed to this Court. Therefore, the stipulation and order for stay or, in
the alternative, extension of time to complete discovery (#27) is DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk