Harter v. Government Employees Insurance Company, No. 2:2019cv01330 - Document 58 (D. Nev. 2021)

Court Description: ORDER granting 57 Stipulation - Discovery due by 12/22/2021. Motions due by 1/21/2022. Proposed Joint Pretrial Order due by 2/22/2022. Signed by Magistrate Judge Elayna J. Youchah on 11/16/2021. (Copies have been distributed pursuant to the NEF - DRS)

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Harter v. Government Employees Insurance Company 1 Doc. 58 6 THE DICKERSON KARACSONYI LAW GROUP JOSEF M. KARACSONYI, ESQ. Nevada Bar No. 010634 SABRINA M. DOLSON, ESQ. Nevada Bar No. 013105 1645 Village Center Circle, Suite 291 Las Vegas, Nevada 89134 Telephone: (702) 388-8600 Facsimile: (702) 388-0210 Email: info@thedklawgroup.com 7 Attorneys for Plaintiff 2 3 4 5 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 MARK HARTER, 12 Plaintiff, 13 v. 14 GOVERNMENT EMPLOYEES I N S U R A N CE COM P AN Y, d u l y authorized to conduct business in the State of Nevada; and DOES I through X, inclusive, and ROE CORPORATIONS I through X, inclusive, 15 16 17 18 19 20 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 2:19-cv-01330-JCM-EJY STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIFTH REQUEST) 21 Plaintiff, MARK HARTER, by and through his attorneys, JOSEF M. 22 KARACSONYI, ESQ., and SABRINA M. DOLSON, ESQ., of THE DICKERSON 23 KARACSONYI LAW GROUP, and Defendant, GOVERNMENT EMPLOYEES 24 INSURANCE COMPANY, by and through its attorneys, THOMAS E. WINNER, 25 ESQ., CHRISTINE M. BOOZE, ESQ., and LARA L. MILLER, ESQ., of WINNER & 26 SHERROD, respectfully submit the following stipulation requesting a 90-day extension 27 of the current scheduling order deadlines pursuant to LR IA 6-1 and LR 26-4, and 28 FRCP 29. This is the fifth stipulation to extend time of discovery deadlines. Dockets.Justia.com 1 I. INTRODUCTION 2 This case is a dispute arising out of coverage under an automobile insurance 3 policy. Plaintiff was in a motor vehicle accident on June 8, 2017, and made a claim 4 under his insurance policy provided by Defendant, Government Employees Insurance 5 Company. Plaintiff filed a Complaint in the Eighth Judicial District Court, Clark 6 County, Nevada on June 5, 2019, alleging breach of contract, violations of NRS § 7 686A.310 and NAC § 686A.675, and breach of covenant of good faith and fair dealing. 8 On August 1, 2019, Defendant filed its Notice of Petition for Removal and removed 9 this matter to this Court. 10 A Stipulated Discovery Plan and Scheduling Order was entered October 4, 2019. 11 An Amended Stipulated Discovery Plan and Scheduling Order was entered October 18, 12 2019 to correct dates. A Stipulation and Order to Extend Discovery Deadlines (First 13 Request) was entered February 6, 2020, which provided a 120-day extension of the 14 discovery deadlines because the parties required additional time to gather the plaintiff’s 15 medical records and to take needed depositions before disclosing experts and 16 participating in settlement negotiations and/or mediation. A Stipulation and Order to 17 Extend Discovery Deadlines (Second Request) was entered June 5, 2020, which 18 provided a 45-day extension of the discovery deadlines due to the COVID-19 19 shutdowns resulting in the rescheduling of the Plaintiff’s medical examination and 20 deposition for later dates, to allow the parties to engage in settlement discussions 21 before completing all discovery and incurring the cost of same, and to allow additional 22 time for expert witnesses to prepare reports and rebuttal reports. 23 On September 24, 2020, Plaintiff filed his Motion to Extend the Deadline to 24 Submit An Expert Rebuttal Report Pursuant to F.R.C.P. 16(b) and the Close of 25 Discovery (Third Request)1 (“Motion to Extend Deadlines”), requesting this Court to 26 27 28 1 Plaintiff’s Motion to Extend Deadlines is the first request to extend the discovery deadlines made by motion, and the third request overall for a continuance of the discovery deadlines. 2 1 extend the discovery deadlines to allow the parties to complete discovery. At that time, 2 the remaining discovery to be completed included (1) the disclosure of Plaintiff’s expert 3 Rebuttal Report, (2) expert depositions, (3) potential depositions of Defendant’s 4 agents, and (4) the disclosure of any documents pertaining to Plaintiff’s continued 5 treatment. 6 By way of the Court’s Order entered December 21, 2020, Plaintiff’s Motion to 7 Extend Deadlines was granted and the parties were ordered to submit a brief status 8 report with a proposed schedule for extension of discovery pertaining to damages. On 9 January 8, 2021, this Court entered Plaintiff’s Status Report on Discovery and set 10 Plaintiff’s proposed discovery deadlines as orders of the Court. 11 A Stipulation and Order to Extend Discovery Deadlines (Fourth Request) was 12 entered March 18, 2021, which provided a 112-day extension of the discovery 13 deadlines due to Plaintiff continuing to receive treatment and Defendant’s request for 14 a second independent medical examination with a spine surgeon, and to afford the 15 parties additional time to conduct discovery on same. 16 On July 23, 2021, Plaintiff served his Notice of FRCP 30(b)(6) Videotaped 17 Deposition to Defendant. On August 5, 2021, Defendant filed its Emergency Motion 18 for Protective Order Pursuant to FRCP 26(c) and Local Rule 7-4 Regarding Plaintiff’s 19 Unilateral Notice of FRCP 30(b)(6) Videotaped Deposition of Defendant Government 20 Employees’ Insurance Company. On August 12, 2021, Plaintiff filed his Opposition to 21 Defendant’s Emergency Motion. Magistrate Judge Elayna J. Youchah held a hearing on 22 Defendant’s Emergency Motion on August 18, 2021. The Court granted in part and 23 denied in part Defendant’s Emergency Motion and directed the parties to reschedule 24 the deposition of GEICO’s FRCP 30(b)(6) representative. 25 II. 26 27 28 DISCOVERY STATUS On March 18, 2021, the Court entered the Stipulation and Order to Extend Discovery Deadlines (Fourth Request), which set the following deadlines: 1. Discovery Cut Off: August 23, 2021; 3 2. 1 2 Disclosure of Independent Medical Exam Report and Any Expert Reports Regarding Ongoing/Future Medical Treatment: June 23, 2021; 3 3. Rebuttal Expert Disclosures: July 23, 2021; 4 4. Pretrial Order: October 22, 2021; 5 5. Pretrial Disclosures: Thirty (30) days prior to trial as required by FRCP 6 26(a)(3)(B); and 6. 7 Extensions or Modifications of the Discovery Plan and Scheduling Order: 8 No later than twenty-one (21) days before the discovery cut-off date. 9 A. 1. 10 11 2. On November 15, 2019, Defendant served its First Set of Interrogatories and First Set of Requests for Production to Plaintiff. 3. 14 15 On October 15, 2019, Plaintiff served his FRCP 26(a)(1) Initial List of Witnesses and Documents. 12 13 Discovery That Has Been Completed On December 18, 2019, Defendant served its Initial Disclosures Pursuant to FRCP 26(a)(1). 4. 16 On December 20, 2019, Plaintiff served his (1) Responses to Defendant’s 17 First Set of Interrogatories; (2) Response to Defendant’s First Set of Requests for 18 Production; and (3) FRCP 26(e) First Supplemental List of Witnesses and Documents. 5. 19 20 Production to Plaintiff. 6. 21 22 On March 5, 2020, Defendant served its Notice of Taking Deposition Duces Tecum of the Custodian of Records for Farmers Insurance Exchange. 7. 23 24 On February 28, 2020, Defendant served its Second Set of Requests for On March 30, 2020, Defendant served its First Supplemental Disclosures Pursuant to FRCP 26(a)(1). 8. 25 On April 7, 2020, Plaintiff served his FRCP 26(e) Second Supplemental 26 List of Witnesses and Documents and Response to Defendant’s Second Set of Requests 27 for Production. 28 ... 4 1 9. On May 1, 2020, Plaintiff served his First Set of Requests for Admissions 2 to Defendant, FRCP 33 First Set of Interrogatories to Defendant, and FRCP 34 First 3 Request for Production of Documents to Defendant. 4 10. On May 5, 2020, Defendant served the following: a. 5 Notice of Intent to Serve Subpoena Duces Tecum on American 6 Medical Response, Inc. and Notice of Taking Deposition Duces Tecum of the 7 Custodian of Records for American Medical Response, Inc. b. 8 Notice of Intent to Serve Subpoena Duces Tecum on S and S Kim 9 Group, PC d/b/a Brighton Family Medicine and Notice of Taking Deposition Duces 10 Tecum of the Custodian of Records for S and S Kim Group, PC d/b/a Brighton Family 11 Medicine. 12 c. Notice of Intent to Serve Subpoena Duces Tecum on Canyon 13 Medical Billing, LLC and Notice of Taking Deposition Duces Tecum of the Custodian 14 of Records for Canyon Medical Billing, LLC. 15 d. Notice of Intent to Serve Subpoena Duces Tecum on Desert 16 Radiologist, Inc. and Notice of Taking Deposition Duces Tecum of the Custodian of 17 Records for Desert Radiologist, Inc. 18 e. Notice of Intent to Serve Subpoena Duces Tecum on Yarbro, Ltd. 19 d/b/a Lake Mead Radiologists and Notice of Taking Deposition Duces Tecum of the 20 Custodian of Records for Yarbro, Ltd. d/b/a Lake Mead Radiologists. 21 f. Notice of Intent to Serve Subpoena Duces Tecum on NBC 22 Operations, LLC d/b/a Advantage Diagnostic Imaging and Notice of Taking Deposition 23 Duces Tecum of the Custodian of Records for NBC Operations, LLC d/b/a Advantage 24 Diagnostic Imaging. 25 g. Notice of Intent to Serve Subpoena Duces Tecum on NBC 26 Operations, LLC d/b/a The Neck and Back Clinics and Notice of Taking Deposition 27 Duces Tecum of the Custodian of Records for NBC Operations, LLC d/b/a The Neck 28 and Back Clinics. 5 h. 1 Notice of Intent to Serve Subpoena Duces Tecum on Pain Institute 2 of Nevada, Inc. and Notice of Taking Deposition Duces Tecum of the Custodian of 3 Records for Pain Institute of Nevada, Inc. i. 4 Notice of Intent to Serve Subpoena Duces Tecum on Primary Care 5 Consultants, LLP and Notice of Taking Deposition Duces Tecum of the Custodian of 6 Records for Primary Care Consultants, LLP. j. 7 Notice of Intent to Serve Subpoena Duces Tecum on Shadow 8 Emergency Physicians, PLLC and Notice of Taking Deposition Duces Tecum of the 9 Custodian of Records for Shadow Emergency Physicians, PLLC. k. 10 Notice of Intent to Serve Subpoena Duces Tecum on West Las 11 Vegas Surgery Center, LLC d/b/a Valley View Surgery Center and Notice of Taking 12 Deposition Duces Tecum of the Custodian of Records for West Las Vegas Surgery 13 Center, LLC d/b/a Valley View Surgery Center. l. 14 Notice of Intent to Serve Subpoena Duces Tecum on Walgreens 15 Pharmacy Strategies, LLC d/b/a Walgreens Pharmacy and Notice of Taking Deposition 16 Duces Tecum of the Custodian of Records for Walgreens Pharmacy Strategies, LLC 17 d/b/a Walgreens Pharmacy. m. 18 Notice of Intent to Serve Subpoena Duces Tecum on Walmart 19 Pharmacy and Notice of Taking Deposition Duces Tecum of the Custodian of Records 20 for Walmart Pharmacy. 11. 21 On May 5, 2020, Plaintiff served his Second Set of Requests for 22 Admissions to Defendant, FRCP 33 Second Set of Interrogatories to Defendant, and 23 FRCP 34 Second Request for Production of Documents to Defendant. 12. 24 25 On May 8, 2020, Plaintiff served his FRCP 26(e) Third Supplemental List of Witnesses and Documents. 13. 26 On May 14, 2020, Plaintiff participated in an independent medical 27 examination with Dr. David Fish via telemedicine. 28 ... 6 1 14. On May 26, 2020, Defendant served its Responses to First Set of 2 Requests for Admission, Responses to Second Set of Requests for Admissions, 3 Responses to FRCP 34 First Request for Production of Documents, and Responses to 4 FRCP 34 Second Request for Production of Documents. 5 6 7 8 15. On May 27, 2020, Defendant served its Answers to FRCP 33 First Set of Interrogatories, and Answers to FRCP 33 Second Set of Interrogatories. 16. On June 4, 2020, Plaintiff served his FRCP 26(e) Fourth Supplemental List of Witnesses and Documents. 9 17. 10 videoconference. 11 18. 12 13 Defendant deposed Plaintiff on June 5, 2020 at 9:00 a.m. via On June 24, 2020, Plaintiff served his FRCP 26(e) Fifth Supplemental List of Witnesses and Documents. 19. On June 25, 2020, Defendant served its Initial Designation of Expert 14 Witnesses and Documents in Compliance with FRCP 26(a)(2), which contained Dr. 15 David E. Fish’s Expert Report, and its Second Supplemental Disclosures Pursuant to 16 FRCP 26(a)(1). 17 20. On August 24, 2020, Plaintiff served his Amended Response to Second 18 Request for Production of Documents, his Amended Answers to First Set of 19 Interrogatories, and his FRCP 26(e) Sixth Supplemental List of Witnesses and 20 Documents. 21 21. On August 27, 2020, Defendant served its First Supplemental 22 Designation of Expert Witnesses and Documents in Compliance with FRCP 26(a)(2), 23 which contained Dr. David E. Fish’s First Supplemental Expert Report, “Report #2: 24 Records Review Addendum #1,” dated July 27, 2020. 25 26 27 28 22. On September 4, 2020, Plaintiff served his FRCP 26(e) Seventh Supplemental List of Witnesses and Documents. 23. On September 28, 2020, Plaintiff served his FRCP 26(e) Eighth Supplemental List of Witnesses and Documents. 7 24. 1 2 On October 20, 2020, Defendant served its Third Supplemental Disclosures Pursuant to FRCP 26(a)(1). 25. 3 On October 28, 2020, Plaintiff served his FRCP 26(a)(2) Expert 4 Disclosure, which contained Dr. Katherine D. Travnicek’s expert rebuttal report, 5 specifically, the Medical Records Review and Treating Expert Report. 26. 6 On October 29, 2020, Defendant served its Second Supplemental 7 Designation of Expert Witnesses and Documents in Compliance with FRCP 26(a)(2), 8 which contained Dr. David E. Fish’s Second Supplemental Expert Report, “Report #3: 9 Records Review Addendum #2,” dated October 29, 2020. 27. 10 11 On November 30, 2020, Plaintiff served his FRCP 26(e) Ninth Supplemental List of Witnesses and Documents. 28. 12 On December 2, 2020, Defendant served its Fourth Supplemental 13 Disclosures Pursuant to FRCP 26(a)(1), and its Third Supplemental Designation of 14 Expert Witnesses and Documents in Compliance with FRCP 26(a)(2), which contained 15 Dr. David E. Fish’s Third Supplemental Expert Report, “Report #4: Records Review 16 Addendum #3,” dated November 5, 2020. 29. 17 18 On December 4, 2020, Plaintiff served his FRCP 26(e) Tenth Supplemental List of Witnesses and Documents. 30. 19 On January 28, 2021, Defendant served its Fifth Supplemental 20 Disclosures Pursuant to FRCP 26(a)(1), and its Fourth Supplemental Designation of 21 Expert Witnesses and Documents in Compliance with FRCP 26(a)(2), which contained 22 Dr. David E. Fish’s Fourth Supplemental Expert Report, “Report #5: Records Review 23 Addendum #4,” dated December 2, 2020. 31. 24 On March 1, 2021, Plaintiff served his FRCP 26(a)(2) First Supplemental 25 Disclosure, which contained Dr. Katherine D. Travnicek’s Supplemental Report to her 26 Medical Records Review and Treating Expert Report, previously disclosed on October 27 28, 2020. 28 ... 8 32. 1 On April 7, 2021, Defendant served its Fifth Supplemental Designation 2 of Expert Witnesses and Documents in Compliance with FRCP 26(a)(2), which 3 contained Dr. David E. Fish’s “Report #6: Records Review Addendum #5,” dated 4 March 31, 2021. 5 33. 6 Travnicek. 34 7 8 35. 36. On April 26, 2021, Plaintiff served his FRCP 26(e) Twelfth Supplemental List of Witnesses and Documents. 37. 13 14 On April 23, 2021, Jeffrey C. Wang, M.D., conducted the medical examination of Plaintiff. 11 12 On April 21, 2021, Plaintiff served his FRCP 26(e) Eleventh Supplemental List of Witnesses and Documents. 9 10 On April 12, 2021, Defendant conducted the deposition of Dr. Katherine On June 15, 2021, Plaintiff served his FRCP 26(e) Thirteenth Supplemental List of Witnesses and Documents. 38. 15 On June 22, 2021, Defendant served its Sixth Supplemental Designation 16 of Expert Witnesses and Documents in Compliance with FRCP 26(a)(2), which 17 contained Dr. Jeffrey C. Wang’s Initial Expert Report dated April 23, 2021 and 18 Addendum Report dated May 20, 2021. 39. 19 20 On June 23, 2021, Plaintiff served his FRCP 26(e) Fourteenth Supplemental List of Witnesses and Documents. 40. 21 On July 21, 2021, Defendant served its Seventh Supplemental 22 Designation of Expert Witnesses and Documents in Compliance with FRCP 26(a)(2), 23 which contained Dr. David E. Fish’s “Report #7: Records Review Addendum #6,” 24 dated July 6, 2021, and Dr. Jeffrey C. Wang’s Addendum Report #2; and its 25 Designation of Rebuttal Expert Witnesses and Documents in Compliance with F.R.C.P. 26 26(a)(2). 27 ... 28 ... 9 41. 1 On July 23, 2021, Plaintiff served his Notice of FRCP 30(b)(6) 2 Videotaped Deposition to Defendant, Government Employees Insurance Company, 3 and his Notice of FRCP 30(b)(6) Deposition of Southwest Medical Associates, Inc. 42. 4 5 On August 5, 2021, Defendant served its Sixth Supplemental Disclosures Pursuant to FRCP 26(a)(1). 43. 6 On August 13, 2021, Plaintiff served his FRCP 26(e) Fifteenth 7 Supplemental List of Witnesses and Documents and Re-Notice of FRCP 30(b)(6) 8 Deposition of Southwest Medical Associates, Inc. 44. 9 On August 18, 2021, Plaintiff took the deposition of Warren Guinn, 10 Southwest Medical Associates. 11 B. 1. 12 13 Discovery That Remains Plaintiff will take the deposition of Defendant’s FRCP 30(b)(6) representative on November 10, 2021; and 14 2. Any additional disclosures of documents. 15 The parties stipulate that the deposition may be conducted via remote 16 technology due to the COVID-19 pandemic to avoid the need for witnesses or counsel 17 to travel for the deposition and to avoid in-person contact. The parties and their 18 counsel stipulate that they will cooperate with one another to schedule and coordinate 19 the deposition. 20 III. REASONS WHY EXTENSION IS REQUIRED 21 On July 23, 2021, Plaintiff served his Notice of FRCP 30(b)(6) Videotaped 22 Deposition to Defendant. On August 5, 2021, Defendant filed its Emergency Motion 23 for Protective Order Pursuant to FRCP 26(c) and Local Rule 7-4 Regarding Plaintiff’s 24 Unilateral Notice of FRCP 30(b)(6) Videotaped Deposition of Defendant Government 25 Employees’ Insurance Company. On August 12, 2021, Plaintiff filed his Opposition 26 to Defendant’s Emergency Motion. Magistrate Judge Elayna J. Youchah held a hearing 27 on Defendant’s Emergency Motion on August 18, 2021. The Court granted in part 28 ... 10 1 and denied in part Defendant’s Emergency Motion and directed the parties to 2 reschedule the deposition of GEICO’s FRCP 30(b)(6) representative. The parties are requesting an additional 120-days of discovery to permit Plaintiff 3 4 to depose GEICO’s FRCP 30(b)(6) representative. 5 IV. PROPOSED SCHEDULE 6 1. Discovery Cut Off: Wednesday, December 22, 2021; 7 2. Dispositive Motions: Friday, January 21, 2022; 8 3. Pretrial Order: Tuesday, February 22, 2022; 9 4. Pretrial Disclosures: Thirty (30) days prior to trial as required by FRCP 10 26(a)(3)(B); and 5. 11 Extensions or Modifications of the Discovery Plan and Scheduling Order: 12 No later than twenty-one (21) days before the discovery cut-off date. 13 ... 14 ... 15 ... 16 ... 17 ... 18 ... 19 ... 20 ... 21 ... 22 ... 23 ... 24 ... 25 ... 26 ... 27 ... 28 ... 11 November 16, 2021

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