Thompson v. Allstate Insurance Company, No. 2:2017cv00181 - Document 60 (D. Nev. 2018)
Court Description: ORDER granting 59 Stipulation to Continue Discovery Deadline and/or Stay Litigation Pending Mediation. Discovery due by 3/31/2019. Motions due by 6/1/2019. Proposed Joint Pretrial Order due by 7/1/2019. Signed by Magistrate Judge Cam Ferenbach on 11/19/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Thompson v. Allstate Insurance Company 1 2 3 4 Doc. 60 JAMES P.C. SILVESTRI, ESQ. Nevada Bar No. 3603 PYATT SILVESTRI 701 Bridger Avenue, Suite 600 Las Vegas, Nevada 89101 (702) 383-6000 (702) 477-0088 (fax) jsilvestri@pyattsilvestri.com 5 6 Attorney for Defendant, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 BRENDA THOMPSON, CASE NO.: 2:17-cv-00181-JCM-VCF 10 Plaintiff, STIPULATION TO CONTINUE DISCOVERY DEADLINES AND/OR TO STAY LITIGATION PENDING MEDIATION BY THE PARTIES (FIFTH REQUEST TO EXTEND DISCOVERY) 11 vs. 12 ALLSTATE INSURANCE COMPANY, 13 Defendant. 14 15 Pursuant to L.R. II 6-1 and 7.2, the parties, through their respective undersigned counsel, 16 17 18 jointly submit this Stipulation to Extend Time to Complete Discovery. This is the second request made by the parties. I. 19 DISCOVERY COMPLETED TO DATE: 20 Plaintiff Brenda Thompson served Defendant Allstate Insurance Company with the 21 22 following discovery to date: 23 24 2. Plaintiff’s First Set of Requests for Production of Documents served on April 20, 3. Plaintiff’s Supplemental Disclosure Pursuant to FRCP 26(a)(1) served on May 16, 2017; 27 28 Plaintiff’s Initial Disclosures Pursuant to FRCP 26(a)(1) served on March 14, 2017; 25 26 1. 2017; Pyatt Silvestri 701 E. Bridger Avenue Suite 600 Las Vegas, Nevada 89101 (702) 383-6000 1 Dockets.Justia.com 4. 1 2 Company’s First Set of Requests for Admission served on July 5, 2017; 5. 3 4 6. 7. 8. Plaintiff’s Second Supplement to the Early Case Conference Disclosure of Documents and Witnesses Pursuant to FRCP 26(a)(1) served on September 11, 2017; 9. 11 12 Plaintiff’s First Set of Requests for Production of Documents to Allstate Insurance Company served on August 10, 2017; 9 10 Plaintiff’s Answers to Defendant Allstate Fire and Casualty Insurance Company’s First Set of Interrogatories served on July 12, 2017; 7 8 Plaintiff’s Responses to Defendant Allstate Fire and Casualty Insurance Company’s First Request for Production of Documents served on July 5, 2017; 5 6 Plaintiff’s Responses to Defendant Allstate Fire and Casualty Insurance Plaintiff’s Responses to Defendant Allstate Fire and Casualty Insurance Company’s Second Set of Request for Production of Documents served on September 13, 2017; 13 10. Plaintiff’s Expert Disclosure FRCP 26(a)(2) served on October 20, 2017; 14 11. Plaintiff’s Third Supplement to the Early Case Conference Disclosure of 15 Documents and Witnesses Pursuant to FRCP 26(a)(1) served on December 14, 2017; 12. 16 17 Documents and Witnesses Pursuant to FRCP 26(a)(1) served on June 18, 2018; 13. 18 19 14. Plaintiff’s Third Set of Requests for Production of Documents to Defendant Allstate Insurance Company served on June 21, 2018. To date, no response; 15. 22 23 Plaintiff’s First set of Interrogatories to Defendant Allstate Insurance Company served on June 21, 2018; 20 21 Plaintiff’s Fourth Supplement to the Early Case Conference Disclosure of Plaintiff’s Fourth Set of Requests for Production of Documents to Defendant Allstate Insurance Company served on June 22, 2018. To date, no response.; and 16. 24 Plaintiff’s Fifth Supplement to the Early Case Conference Disclosure of 25 Documents and Witnesses Pursuant to FRCP 26(a)(1) served on June 28, 2018. 26 /// 27 /// 28 /// Pyatt Silvestri 701 E. Bridger Avenue Suite 600 Las Vegas, Nevada 89101 (702) 383-6000 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Defendant Allstate Insurance Company served Plaintiff Brenda Thompson with the following discovery to date: 1. Defendant’s Initial List of Witnesses and Disclosure of Documents Pursuant to FRCP 26(F) served on March 16, 2017; 2. Defendant’s First Supplemental to its Initial List of Witnesses and Disclosure of Documents Pursuant to FRCP 26(F) served on March 27, 2017; 3. Defendant Allstate Fire and Casualty Insurance Company’s First set of Request for Admissions to Plaintiff served on March 29, 2017; 4. Defendant Allstate Fire and Casualty Insurance Company’s First Set of Interrogatories to Plaintiff served on March 29, 2017; 5. Defendant Allstate Fire and Casualty Insurance Company’s First Set of Request for Production of Documents to Plaintiff served on March 29, 2017; 6. Defendant’s Responses to Plaintiff’s First Set of Requests for Production of Documents served on May 23, 2017; 7. Defendant Allstate Fire and Casualty Insurance Company’s Second Set of Request for Production of Documents to Plaintiff served on July 10, 2017; 8. Defendant’s Second Supplemental to its Initial List of Witnesses and Disclosure of Documents Pursuant to FRCP 26(F) served on August 1, 2017; 9. Defendant’s Responses to Plaintiff’s Second Set of Requests for Production of Documents served on October 2, 2017; 10. Defendant’s Third Supplemental to its Initial List of Witnesses and Disclosure of Documents Pursuant to FRCP 26(F) served on November 30, 2017; 11. Defendant’s Fourth Supplemental to its Initial List of Witnesses and Disclosure of Documents Pursuant to FRCP 26(F) served on March 5, 2018; Defendant Allstate Fire and Casualty Insurance Company’s Privilege Log served 25 12. 26 on March 5, 2018; 27 13. 28 Defendant’s Second Supplemental Responses to Plaintiff’s Second Set of Requests for Production of Documents served on March 5, 2018; Pyatt Silvestri 701 E. Bridger Avenue Suite 600 Las Vegas, Nevada 89101 (702) 383-6000 3 Defendant Allstate Fire and Casualty Insurance Company’s Privilege Log served 1 14. 2 on April 18, 2018; 3 15. 4 5 6 7 8 Defendant’s Errata to its Second (SIC) Supplemental Responses to Plaintiff’s Second Set of Requests for Production of Documents served on June 20, 2018; and 16. Defendant’s Errata to its Third Supplemental to its Initial List of Witnesses and Disclosure of Documents Pursuant to FRCP 26(F) served on June 20, 2018. 17. Defendant’s Responses to Plaintiff’s Fourth Set of Requests for Production of Documents, served on August 10, 2018 9 18. Defendant’s Updated Supplemental Privilege Log, served on August 28, 2018; 10 19. Defendant’s Answers to Plaintiff’s First Set of Interrogatories, served on 11 12 September 24, 2018; 20. Defendant’s Fifth Supplemental Responses (Previously Referred to as 13 “Defendant’s Second [sic] Supplemental Responses”) to Plaintiff’s First Set of Requests for 14 Production of Documents dated August 10, 2017, served on August 28, 2018 15 16 17 18 19 20 21. Defendant’s Responses to Plaintiff’s Third Set of Requests for Production of Documents, served on September 24, 2018; 22. Defendant’s Responses to Plaintiff’s Fifth Set of Requests for Production of Documents, served on October 1, 2018; 23. Defendant’s Errata to its Responses to Plaintiff’s First Set of Requests for Production of Documents, dated May 23, 2017, served on October 30, 2018 21 II. 22 DEPOSITIONS TAKEN TO DATE 23 1. Deposition of Plaintiff Brenda Thompson, November 29, 2017; 24 2. Deposition of Kristen Guzman, August 7, 2018, Phoenix, Arizona; 25 3. Deposition of Tammy Correa, August 16, 2018; 26 4. Deposition of M’Kaylah Fulton, September 18, 2018, Dallas, Texas; 27 5. Deposition of FRCP Rule 30(b)(6) witness for Marjorie Belsky, M.D. Inc., d/b/a 28 Integrated Pain Specialists, September 20, 2018, Park City, Utah; INCOMPLETE Pyatt Silvestri 701 E. Bridger Avenue Suite 600 Las Vegas, Nevada 89101 (702) 383-6000 4 1 6. Deposition of Tara Edmonds, October 18, 2018, Northbrook, Illinois; 2 7. Deposition of Custodian of Records, Dr. Yvonne Barry, September 13, 2018 3 III. 4 PROPOSED DISCOVERY THAT REMAINS TO BE COMPLETED 5 BY PLAINTIFF 6 1. Satura Brown, previously set November 5, 2018, Birmingham, Alabama—Cancelled 7 8 9 10 11 due to medical treatment for Defense counsel. 2. Brenda Michelle Collier, previously set November 6, 2018, Birmingham, Alabama-Cancelled due to medical treatment for Defense counsel. 3. Steve Plitt, Defendant’s insurance expert, not set, tentative deposition date discussed for December 5, 2018, Phoenix, Arizona 12 4. Rule 30(b)(6) Witness-Allstate, not set, Las Vegas 13 BY DEFENDANT 14 1. Terrence M. Clauretie, Plaintiff’s household services expert, deposition noticed by 15 Defendant for November 14, 2018, Las Vegas—Cancelled due to agreement to 16 mediate case. 17 2. Dr. David Oliveri, Plaintiff’s medical expert, deposition noticed by Defendant for 18 November 26, 2018, Las Vegas—Cancelled due to agreement to mediate case. 19 3. Joanna Moore, Plaintiff’s insurance expert, deposition noticed by Defendant for 20 November 8, 2018, California—Cancelled due to agreement to mediate case. 21 4. Dr. John Glasgow, Plaintiff’s medical treating expert, deposition noticed by 22 Defendant for November 7, 2018, Las Vegas—Cancelled due to agreement to 23 mediate case. 24 25 26 5. Maria Machuca, PRN, Plaintiff’s medical treating expert, date not agreed upon by parties, Las Vegas 6. Dr. Cesar Estela, witness listed by Plaintiff and Defendant, deposition noticed by 27 Defendant for November 9, 2018 and re-noticed to November 29, 2018, Elk Grove, 28 California—Cancelled due to agreement to mediate case. Pyatt Silvestri 701 E. Bridger Avenue Suite 600 Las Vegas, Nevada 89101 (702) 383-6000 5 1 2 7. Dr. Marjorie Belsky, Plaintiff’s medical treating expert, tentatively agreed to by the witness for December 13, 2018 in Park City, Utah 3 8. Continued deposition of FRCP Rule 30(b)(6) witness for Marjorie Belsky, M.D. Inc., 4 d/b/a Integrated Pain Specialists, tentatively agreed to by the witness for December 5 13, 2018 in Park City, Utah 6 9. Management Solutions, dates discussed, but not agreed upon by parties, Las Vegas 7 10. Branson Medical Group, dates discussed, but not agreed upon by parties, Las Vegas 8 11. Medical Practice Management Resources, dates discussed, but not agreed upon by 9 parties, Temecula, California IV. 10 11 REASONS DISCOVERY WAS NOT COMPLETED WITHIN THE TIME LIMITS AND NEEDS TO BE EXTENDED 12 13 The parties have been diligently working on completing discovery, which has included, and 14 will include, several out of state depositions. Coordinating such between witnesses and counsel 15 has been time consuming. 16 In addition, counsel for defense learned only on November 2, 2018 that he needed to 17 undergo a medical procedure precluding travel. That procedure was completed on Monday, 18 November 5, 2018 which precluded him from travelling for a time being. 19 In addition, certain discovery was delayed by the trial calendars of respective counsel with 20 counsel for defense in trial in State court from October 8 through October 15, 2018 and counsel for 21 Plaintiff readying for trial to begin on November 26, 2018. 22 Throughout this process, the parties have discussed the prospects of mediation. As of 23 November, 13, 2018, the parties have agreed to submit this matter to mediation with Bruce 24 Edwards, Esq. of JAMS. The parties are in the process of scheduling the mediations. 25 26 27 28 It is anticipated that the discovery to be completed is the sum total of all discovery needed to be completed. V. CURRENT DISCOVERY DEADLINES AND TRIAL DATE Pyatt Silvestri 701 E. Bridger Avenue Suite 600 Las Vegas, Nevada 89101 (702) 383-6000 6 1 Last day to amend pleadings or add parties: August 28, 2018; 2 Initial Expert Disclosure: August 28, 2018; 3 Rebuttal Expert Disclosures: September 27, 2018; 4 Discovery Cutoff: November 26, 2018; 5 Dispositive Motions: December 26, 2018; and 6 Trial: TBD. 7 Joint Pretrial Order: January 25, 2019 VI. 8 STAY AND/OR PROPOSED DISCOVERY 9 DEADLINES AND TRIAL DATE 10 11 The parties have had good faith discussions about attempting to resolve this matter 12 without incurring additional court time and litigation expenses. All counsel are seasoned enough 13 to know whether mediation is a reasonable method for resolving the case and are not undertaking 14 such to be wasteful of time or deleterious. Given the close proximity to holiday times, the 15 parties would request reasonable stay of the litigation until January 31, 2019 to allow the 16 mediation to be reasonably scheduled. In addition, should the mediation not prove successful, the parties would request that 17 18 discovery be continued according to the following dates: 19 Last day to amend pleadings or add parties: COMPLETED; 20 Initial Expert Disclosure: COMPLETED; 21 Rebuttal Expert Disclosures: COMPLETED; 22 Discovery Cutoff: March 31, 2019 23 Dispositive Motions: June 1, 2019; and 24 Trial: TBD. 25 Joint Pretrial Order: July 1, 2019 26 /// 27 /// 28 /// Pyatt Silvestri 701 E. Bridger Avenue Suite 600 Las Vegas, Nevada 89101 (702) 383-6000 7 1 If dispositive motions are pending, the deadline will be suspended until 30 days after the 2 decision(s) on the dispositive motions or further court order. 3 RESPECTFULLY SUBMITTED this 15th day of November, 2018. 4 PYATT SILVESTRI MATTHEW L. SHARP, LTD. /s/ James P.C. Silvestri JAMES P.C. SILVESTRI, ESQ. 701 Bridger Avenue, Suite 600 Las Vegas, Nevada 89101 jsilvestri@pyattsilvestri.com Attorney for Defendant, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY /s/ Matthew L. Sharp MATTHEW L. SHARP, ESQ. Nevada Bar No. 4746 432 Ridge Street Reno, NV 89501 matt@mattsharplaw.com Attorney for Plaintiff 5 6 7 8 9 10 11 EGLET PRINCE 12 13 14 15 16 17 18 19 20 21 22 23 24 /s/ Dennis M. Prince DENNIS M. PRINCE, ESQ. Nevada Bar No. 5092 TRACY A. EGLET, ESQ. Nevada Bar No. 6419 400 South Seventh St., Fourth Floor Las Vegas, NV 89101 eservice@egletlaw.com Attorneys for Plaintiff 11-19-2018 ATTESTATION OF CONCURRENCE IN FILING I hereby attest and certify that on, November 15, 2018, I received concurrence from Plaintiff’s counsel, Matthew L. Sharp, Esq. and Dennis M. Price, Esq., to file this document with their respective electronic signatures attached. I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Dated: November 15, 2018. 25 26 27 /s/ James P.C. Silvestri JAMES P.C. SILVESTRI, ESQ. Nevada Bar No. 3603 28 Pyatt Silvestri 701 E. Bridger Avenue Suite 600 Las Vegas, Nevada 89101 (702) 383-6000 8
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