Centex Homes v. Financial Pacific Insurance Company et al, No. 2:2019cv01034 - Document 68 (D. Nev. 2020)
Court Description: ORDER granting 66 STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery Deadlines re 52 Order. Discovery due by 12/14/2020. Motions due by 1/13/2021. Proposed Joint Pretrial Order due by 2/12/2021. Signed by Magistrate Judge Daniel J. Albregts on 7/27/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Centex Homes v. Financial Pacific Insurance Company et al Doc. 68 Case 2:19-cv-01034-JCM-DJA Document 68 66 Filed 07/27/20 07/24/20 Page 1 of 8 1 Scott S. Thomas, NV Bar No. 7937 sst@paynefears.com 2 Sarah J. Odia, NV Bar No. 11053 sjo@paynefears.com 3 Hilary Williams, NV Bar No. 14645 haw@paynefears.com 4 PAYNE & FEARS LLP 6385 S. Rainbow Blvd., Suite 220 5 Las Vegas, Nevada 89118 Telephone: (702) 851-0300 6 Facsimile: (702) 851-0315 7 Attorneys for CENTEX HOMES 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 8 CENTEX HOMES, a Nevada general partnership, Case No.: 2:19-cv-01034-JCM-DJA 12 Plaintiff, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 v. FINANCIAL PACIFIC INSURANCE COMPANY, a California corporation; FIRST SPECIALTY INSURANCE CORPORATION, a Missouri corporation GREENWICH INSURANCE COMPANY, a Connecticut corporation; INTERSTATE FIRE & CASUALTY COMPANY, an Illinois corporation; LEXINGTON INSURANCE COMPANY, a Delaware corporation; NAVIGATORS SPECIALTY INSURANCE COMPANY, a New York corporation; SCOTTSDALE INDEMNITY COMPANY, an Ohio corporation; ST. PAUL FIRE & MARINE INSURANCE COMPANY, a Connecticut corporation; NATIONAL FIRE & MARINE INSURANCE COMPANY, a Nebraska corporation; IRONSHORE SPECIALTY INSURANCE COMPANY, an Arizona corporation; and ZURICH AMERICAN INSURANCE COMPANY, a New York corporation, STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES (First Request) Defendants. 28 Case No. 2:19-cv-01034-JCM-DJA -1STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES Dockets.Justia.com Case 2:19-cv-01034-JCM-DJA Document 68 66 Filed 07/27/20 07/24/20 Page 2 of 8 1 Plaintiff Centex Homes (“Centex”) and Defendants Financial Pacific Insurance Company 2 (“Financial Pacific”), First Specialty Insurance Corporation (“First Specialty”), Greenwich 3 Insurance Company (“Greenwich”), Interstate Fire & Casualty Company (“Interstate”), Lexington 4 Insurance Company (“Lexington”), Navigators Specialty Insurance Company (“Navigators”), 5 Scottsdale Indemnity Company (“Scottsdale”), St. Paul Fire & Marine Insurance Company (“St. 6 Paul”), National Fire & Marine Insurance Company (“National Fire”), Ironshore Specialty 7 Insurance Company (“Ironshore”), and Zurich American Insurance Company (“Zurich” and 8 together with Financial Pacific, First Specialty, Greenwich, Interstate, Lexington, Navigators, 9 Scottsdale, St. Paul, National Fire, and Ironshore, the “Defendants”), by and through their 11 Order entered by this Court on October 3, 2019 by sixty (60) days pursuant to LR 26-4. (ECF No. ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 10 respective counsel of record, hereby stipulate to extend certain deadlines within the Scheduling 12 52). This is the first stipulation to extend discovery deadlines. 13 Centex and Defendants (together, the “Parties”) require additional time for discovery 14 because they have made significant progress towards settlement since their mediation on April 29, 15 2020. The Parties want to continue to try to resolve the case informally without incurring expert 16 costs. Centex has settled with Interstate, National Fire, Greenwich, and Ironshore, and has had 17 meaningful settlement negotiations with the remaining parties. The Parties’ expert reports are due 18 on August 17, 2020; however, the Parties do not want to expend resources that could be used for 19 settlement on preparing expert reports in light of the progress they have made with regard to 20 settlement negotiations. 21 Good cause exists for the requested extension. The Parties have been diligent in 22 performing discovery to date; however, because the Parties have shifted their focus to settlement, 23 the Parties seek an extension to avoid expending the significant costs associated with expert 24 reports. The Parties hope to have this matter completely resolved within the next sixty (60) days. 25 This Stipulation is submitted more than twenty-one (21) days before the expiration of the first 26 deadline that parties stipulate to continue: The expert disclosure deadline, which is currently 27 August 17, 2020. 28 -2- Case No. 2:19-cv-01034-JCM-DJA Case 2:19-cv-01034-JCM-DJA Document 68 66 Filed 07/27/20 07/24/20 Page 3 of 8 1 1. Discovery That Has Been Completed 2 The Parties have completed the following discovery: 3 4 • • 5 6 7 8 9 11 ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 10 12 13 14 15 16 17 • • • • • • • • • 18 19 • 20 21 22 23 24 25 26 27 28 • • • • National Fire served its initial disclosures on October 29, 2019; Centex, Financial Pacific, First Specialty, and Lexington served initial disclosures on October 30, 2019; St. Paul served requests for production on Centex dated October 30, 2019; St. Paul served its initial disclosures on October 31, 2019; Greenwich served its initial disclosures on November 8, 2019; Ironshore served its initial disclosures on November 14, 2019; Centex served its responses to St. Paul’s requests for production on January 15, 2020; Navigators provided its initial disclosures on February 18, 2020; Centex served requests for admission, requests for production and interrogatories on Financial Pacific, First Specialty, National Fire, and Navigators on March 3, 2020; Centex served Lexington with requests for admission, requests for production, and interrogatories on March 4, 2020; Centex served requests for admission, requests for production and interrogatories on Greenwich and St. Paul on March 6, 2020; Centex served requests for admission, requests for production and interrogatories on Ironshore on March 11, 2020; Centex served requests for production on Scottsdale and requests for admission, requests for production and interrogatories on Zurich on March 25, 2020; First Specialty responded to Centex’s requests for admission, requests for production and interrogatories on April 1, 2020; St. Paul and Greenwich responded to Centex’s requests for admission, requests for production and interrogatories to each of them on April 7, 2020; Zurich served its initial disclosures on April 22, 2020; -3- Case No. 2:19-cv-01034-JCM-DJA Case 2:19-cv-01034-JCM-DJA Document 68 66 Filed 07/27/20 07/24/20 Page 4 of 8 1 2 • • 3 4 5 6 7 8 9 11 ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 10 12 13 14 15 • • • • • • • 16 17 18 • • 19 20 21 • 24 25 26 27 28 Financial Pacific responded to Centex’s requests for admission, requests for production and interrogatories on May 4, 2020; Navigators supplemented its initial disclosures on May 12, 2020; Centex served a second set of requests for production on Navigators on May 12, 2020; Financial Pacific served requests for admission, requests for production and interrogatories on Centex on May 28, 2020; Ironshore served requests for admission, requests for production and interrogatories on Centex on May 29, 2020; Navigators responded to Centex’s second set of requests for production on June 9, 2020; Zurich responded to Centex’s requests for admission, requests for production and interrogatories on June 16, 2020; Centex responded to Financial Pacific’s requests for admission, requests for production and interrogatories on June 29, 2020; Centex served its second supplemental disclosure on June 29, 2020; Navigators served requests for admission, requests for production and interrogatories on Centex on July 13, 2020; and Navigators responded to Centex’s requests for admission and requests for production on July 13, 2020. 22 23 Centex served its first supplemental disclosures on April 23, 2020; 2. Discovery That Remains to be Completed If the case is not resolved, the Parties must complete the following discovery: • • The Parties will disclose expert witnesses and produce expert reports and possibly rebuttal reports to any expert report produced by other parties; Defendants will serve written discovery and follow-up written discovery, including Interrogatories, Requests for Production and Requests for Admissions on Centex and -4- Case No. 2:19-cv-01034-JCM-DJA Case 2:19-cv-01034-JCM-DJA Document 68 66 Filed 07/27/20 07/24/20 Page 5 of 8 1 2 • 3 4 • 5 6 7 8 ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 9 • • one another; Defendants will take the depositions of Rule 30(b)(6) witnesses, other percipient witnesses, and expert witnesses of Centex and each other; The Parties will respond to the outstanding written discovery requests and issue any appropriate further written discovery; Centex will take the depositions of the Rule 30(b)(6) witnesses for all Defendants; Centex will take the depositions of any and all claim adjusters identified by any of the Defendants; and 10 • 11 3. 12 Discovery has not been completed because the Parties have shifted their focus towards Centex will take the depositions of expert disclosed by the Defendants. Reasons Why Remaining Discovery Was Not Completed 13 settlement, negotiation and drafting settlement agreements. The Parties have made substantial 14 progress towards resolving the case after completing mediation. Centex has finalized settlements 15 with five defendants and continues to have meaningful negotiations with the remaining six 16 defendants. Although the Parties anticipate settlement within the next 60 days, the Parties will not 17 be able to settle the case before expert and rebuttal reports are due. The Parties’ time, attention, 18 and resources would be better spent focusing on settlement rather than incurring additional costs 19 20 21 22 23 24 25 26 27 that may delay resolution. 4. Proposed Schedule for Completing All Remaining Discovery The Parties hereby stipulate to the following schedule for completing all remaining discovery: Discovery Cut-Off Date. The amended discovery cut-off date is December 14, 2020. Fed. R. Civ. P. 26(a)(2) Disclosure (Experts). Disclosures identifying experts and final expert reports shall be made by October 15, 2020. This is 60 days before the discovery cut-off date. Rebuttal expert disclosures shall be made 28 -5- Case No. 2:19-cv-01034-JCM-DJA Case 2:19-cv-01034-JCM-DJA Document 68 66 Filed 07/27/20 07/24/20 Page 6 of 8 1 by November 16, 2020, which is the next business day after 30 days from the initial disclosure of 2 experts. 3 Interim Status Report. 4 The Parties shall have until October 15, 2020 to file their interim status report. 5 Dispositive Motions. 6 The parties shall have until January 13, 2021 to file dispositive motions, which is 30 days 7 after the close of discovery. 8 Joint Pretrial Order. 9 The parties shall have until February 12, 2021 to file the joint pretrial order. 11 ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 10 12 13 Dated: July 24, 2020 Dated: July 24, 2020 PAYNE & FEARS LLP BARRETT & MATURA, P.C. By: By: 16 /s/ Sarah J. Odia Scott S. Thomas, Esq. Sarah J. Odia, Esq. 6385 S. Rainbow Blvd., Suite 220 Las Vegas, NV 89118 Telephone: (702) 851-0300 17 Attorneys for Plaintiff CENTEX HOMES Attorney for Defendant NAVIGATORS SPECIALTY INSURANCE COMPANY Dated: July 24, 2020 Dated: July 24, 2020 20 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP 21 By: By: 14 15 18 19 22 23 24 /s/ Chad Butterfield Chad Butterfield, Esq. 300 South Fourth Street, 11th Floor Las Vegas, NV 89101 Telephone: (702) 727-1400 Attorney for Defendant GREENWICH INSURANCE COMPANY /s/ Kevin C. Barrett Kevin C. Barrett, Esq. 7575 Vegas Drive, Suite 150C Las Vegas, NV 89128 Telephone: (702) 833-1033 /s/ John Podesta John Podesta, Esq. 300 South Fourth Street, 11th Floor Las Vegas, NV 89101 Telephone: (702) 727-1400 Attorney for Defendant IRONSHORE SPECIALTY INSURANCE 25 26 27 (Signatures continued on the next page) 28 -6- Case No. 2:19-cv-01034-JCM-DJA Case 2:19-cv-01034-JCM-DJA Document 68 66 Filed 07/27/20 07/24/20 Page 7 of 8 1 Dated: July 24, 2020 Dated: July 24, 2020 2 LEWIS BRISBOIS BISGAARD & SMITH LLP GRAD LAW FIRM By: By: 3 4 5 6 7 8 9 11 ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 10 Attorneys for Defendant SCOTTSDALE INDEMNITY GROUP MORALES, FIERRO & REEVES NICOLAIDES FINK THORPE MICHAELIDES SULLIVAN, LLP By: /s/ William C. Reeves William C. Reeves, Esq. 600 S. Tonopah Drive, Suite 300 Las Vegas, NV 89106 Telephone: (702) 699-7822 Attorney for Defendant ST. PAUL FIRE & MARINE INSURANCE COMPANY 15 17 18 19 20 21 Attorney for Defendant FIRST SPECIALTY INSURANCE CORPORATION Dated: July 24, 2020 13 16 /s/ Laleaque Grad Laleaque Grad, Esq. 8275 S. Eastern Avenue, Suite 200-352 Las Vegas, NV 89123 Telephone: (702) 990-8387 Dated: July 24, 2020 12 14 /s/ Robert Freeman, Jr. Robert Freeman, Jr., Esq. Priscilla Louise O’Briant, Esq. 6385 S. Rainbow Blvd., Suite 600 Las Vegas, NV 89118 Telephone: (702) 893-3383 By: /s/ Jeff Labovitch Jeff Labovitch, Esq. 4365 Executive Drive, Suite 950 San Diego, CA 92121 Telephone: (858) 257-0700 Attorney for Defendant LEXINGTON INSURANCE COMPANY Dated: July 24, 2020 Dated: July 24, 2020 MORALES, FIERRO & REEVES YARON & ASSOCIATES By: By: /s/ Ramiro Morales Ramiro Morales, Esq. 600 S. Tonopah Drive, Suite 300 Las Vegas, NV 89106 Telephone: (702) 699-7822 Attorney for Defendant ZURICH AMERICAN INSURANCE COMPANY /s/ George Yaron George Yaron, Esq. 1300 Clay Street, Suite 800 Oakland, CA 94612 Telephone: (415) 658-2929 Attorney for Defendant FINANCIAL PACIFIC INSURANCE COMPANY 22 23 24 (Signatures continued on the next page) 25 26 27 28 -7- Case No. 2:19-cv-01034-JCM-DJA Case 2:19-cv-01034-JCM-DJA Document 68 66 Filed 07/27/20 07/24/20 Page 8 of 8 1 Dated: July 24, 2020 2 SHIVES & ASSOCIATES LIMITED 3 By: 4 5 6 7 /s/ Martin L. Shives Martin L. Shives, Esq. 7473 W. Lake Mead Blvd., Suite 100 Las Vegas, NV 89128 Telephone: (702) 562-8188 Attorney for Defendant NATIONAL FIRE & MARINE INSURANCE COMPANY 8 9 ORDER 11 ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 10 12 13 IT IS SO ORDERED. July 27, 2020 DATED: _______________________________ 14 15 16 17 _______________________________________ UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 -8- Case No. 2:19-cv-01034-JCM-DJA
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