Acuity, A Mutual Insurance Company v. Cifuni et al, No. 2:2019cv01879 - Document 28 (D. Nev. 2020)
Court Description: ORDER granting 27 STIPULATION FOR EXTENSION OF TIME (First Request) re: 17 Discovery Order. Discovery due by 9/18/2020. Motions due by 10/19/2020. Proposed Joint Pretrial Order due by 11/18/2020. Signed by Magistrate Judge Daniel J. Albregts on 5/21/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Acuity, A Mutual Insurance Company v. Cifuni et al Doc. 28 Case 2:19-cv-01879-GMN-DJA Document 28 27 Filed 05/21/20 05/20/20 Page 1 of 6 1 2 3 4 5 6 7 MICHAEL C. MILLS, ESQ. Nevada Bar No. 003534 BERNADETTE A. RIGO, ESQ. Nevada Bar No. 007882 BAUMAN LOEWE win & MAXWELL 3650 N. Rancho Dr., Ste. 114 Las Vegas, Nevada 89130 Phone: 702-240-6060 Fax: 702-240-4267 Email: mmills@blwmlawfirm.com Email: brigo@blwmlawfirm.com Attorneys for Plaintiff Acuity, a Mutual Insurance Company 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 ACUITY, a Mutual Insurance Company, CASE NO: 2:19-cv-01879-GMN-DJA 12 Plaintiff, 13 14 vs. 15 16 17 18 CHERYL RIDEOUT CIFUNI, individually and as Special Administrator of the Estate of MIKAYLA ALEXANDRA CIFUNI, deceased; and MICHAEL CIFUNI, individually; DOE INDIVIDUALS I through X inclusive and ROE BUSINESS ENTITIES I through X inclusive, 19 20 Defendants. 21 22 STIPULATION AND ORDER TO MODIFY THE DISCOVERY PLAN AND SCHEDULING ORDER TO EXTEND DISCOVERY PLAN DEADLINES (FIRST REQUEST) 23 24 Plaintiff Acuity, a Mutual Insurance Company and Defendants Cheryl Rideout 25 Cifuni individually and as Special Administrator of the Estate of Mikayla Cifuni 26 27 (deceased) and Michael Cifuni, by and through their respective counsel, and pursuant 26-3 to Local Rule 26-4, stipulate to modify their discovery plan as follows: 28 STIPULATION AND ORDER TO MODIFY THE DISCOVERY PLAN AND SCHEDULING ORDER (FIRST REQUEST) - PAGE 1 OF 63534630v\ Dockets.Justia.com Case 2:19-cv-01879-GMN-DJA Document 28 27 Filed 05/21/20 05/20/20 Page 2 of 6 1 1. 2 [ECF 1]. 3 2. 4 3. 4. On October 25, 2019, Plaintiffs Summons were issued for the Estate of Mikayla Cifuni, Cheryl Rideout Cifuni and Michael Cifuni [ECF 6]. 9 5. 10 [ECF 7]. 11 6. 12 On October 25, 2019, Plaintiff filed proposed Summons for the Estate of Mikayla Cifuni, Cheryl Rideout Cifuni and Michael Cifuni were filed [ECF 3 - ECF 5]. 7 8 On October 24, 2019, this Court assigned the matter to the Honorable Judge Gloria M. Navarro and Magistrate Judge Daniel J. Albregts [ECF 2]. 5 6 On October 23, 2019, Plaintiff filed their Complaint for Declaratory Relief On October 30, 2019, Plaintiff filed their Certificate of Interested Parties On December 14, 2019, Plaintiff filed Proof of Service for the Estate of Mikayla Cifuni [ECF 8]. 13 7. 14 Cifuni [ECF 9]. 15 8. On December 14, 2019, Plaintiff filed Proof of Service Michael Cifuni [ECF 9. On January 21, 2020, Defendants filed their Certificate of Interested 16 On December 14, 2019, Plaintiff filed Proof of Service for Cheryl Rideout 10]. 17 18 Parties [ECF 11]. 19 10. On January 21, 2020, Defendants filed their Motion to Dismiss [EeF 12]. 20 11. On January 28, 2020, Plaintiffs filed their Motion for Summary Judgment 21 [ECF 13]. 22 12. 23 to Dismiss [EeF 14]. 24 25 13. On February 7,2020, Defendants filed their Reply to Plaintiffs Response to Defendants Motion to Dismiss [EeF 15]. 26 27 On January 30, 2020, Plaintiffs filed their Response to Defendants Motion 14. On February 7, 2020, the parties filed their proposed Discovery Plan and Scheduling Order [ECF 16]. 28 STIPULATION AND ORDER TO MODIFY THE DISCOVERY PLAN AND SCHEDULING ORDER (FIRST REQUEST) - PAGE 2 OF 6- 3534630vl Case 2:19-cv-01879-GMN-DJA Document 28 27 Filed 05/21/20 05/20/20 Page 3 of 6 1 2 15. Scheduling Order [ECF 17]. 3 4 .16. On February 10, 2020, this Court issued its Notice Regarding AO 85 Consent Forms [ECF 18]. 5 6 On February 10, 2020, this Court granted the Discovery Plan and 17. On February 11, 2020, Defendants filed a Response to Plaintiffs Motion for Summary Judgment [ECF 19]. 7 18. On February 25,2020, the parties filed a Stipulation and Order to Extend 8 Time for Plaintiff to Reply to Defendants Response to Plaintiffs Motion for Summary 9 Judgment [ECF 20]. ° 1 19. On February 26, 2020, this Court granted the Stipulation and Order to 11 Extend Time for Plaintiff to Reply to Defendants Response to Plaintiffs Motion for 12 Summary Judgment [ECF 21]. 20. 13 14 to Plaintiffs Motion for Summary Judgment [ECF 22]. 15 16 21. 22. 23. On April 16, 2020, Defendants filed their Response to Plaintiffs Motion for Leave to file Supplemental Brief [ECF 25]. 21 22 On April 3, 2020, Plaintiff filed a Motion for Leave to File Supplemental Brief[ECF 24]. 19 20 On March 13, 2020, Plaintiff filed Exhibit B to their Reply to Defendants Response to Plaintiffs Motion for Summary Judgment [ECF 23]. 17 18 On March 3, 2020, Plaintiff filed a Reply to Defendants Response to 24. On April 22, 2020, Plaintiff filed their Reply to Defendants Response to Plaintiffs Motion for Leave to file Supplemental Brief [ECF 26]. 23 25. The parties held their F.R.C.P. Rule 26(f) conference on January 31, 2020 24 and filed their Stipulated Discovery Plan and Scheduling Order on February 7, 2020. In 25 this original plan, the parties agreed to the following dates: 26 Last Day to Amend Pleadings: 04/21/2020 27 Expert Disclosure Deadline: 05/21/2020 Interim Status Report Deadline: 05/21/2020 28 STIPULATION AND ORDER TO MODIFY THE DISCOVERY PLAN AND SCHEDULING ORDER (FIRST REQUEST) - PAGE 3 OF6- 3534630v\ Case 2:19-cv-01879-GMN-DJA Document 28 27 Filed 05/21/20 05/20/20 Page 4 of 6 1 Rebuttal Expert Disclosure: 06/22/2020 2 Last Day to Extend Discovery Plan: 06/29/2020 3 Discovery Cut-Off: 07/20/2020 4 Dispositive Motions Deadline: 08/20/2020 5 Pre-Trial Order: 09/19/2020 6 The initial discovery plan was approved by United States Magistrate Daniel J. 7 Albregts on February 10, 2020. 8 26. 9 In compliance with Local Rule 26-4, the parties provide the following information regarding the discovery status: 10 11 (a) Defendants: 12 13 Discovery Completed pursuant to Fed. R. Civ. P. 26(a): None Plaintiffs: 14 Plaintiff's Initial Disclosures 02/05/2020 15 Plaintiff's First Supplemental Disclosure 02/12/2020 16 Plaintiff's Second Supplemental Disclosure 02/24/2020 17 (b) 18 • 19 Discovery that remains to be completed: Following the court's ruling on the Motion to Dismiss, Plaintiff needs to file a responsive pleading. 20 • Plaintiff needs to conduct the depositions of Defendants. 21 • The parties may wish to conduct depositions of other parties or witnesses. 22 • The parties need to designate experts and rebuttal experts and exchange 23 designations of experts and their reports. 24 • The parties need to conduct the depositions of Plaintiff's experts and 25 Defendant's experts. 26 (c) 27 • 28 Reasons why discovery was not completed: The parties need additional time for discovery for the following reasons, among others: STIPULATION AND ORDER TO MODIFY THE DISCOVERY PLAN AND SCHEDULING ORDER (FIRST REQUEST) - PAGE 4 OF 6- 3534630vl Case 2:19-cv-01879-GMN-DJA Document 28 27 Filed 05/21/20 05/20/20 Page 5 of 6 1 • It took longer than expected to gather all of the documents. 2 • Additional discovery is anticipated to be largely dependent upon the 3 testimony given at the depositions and, due to the State Court Case 4 difficulties encountered in coordinating the schedule of the witnesses and 5 counsel for the parties. 6 • Defendants counsel has recently filed a Motion to Dismiss. 7 • Plaintiff's counsel has recently filed a Motion for Summary Judgment. 8 • A hearing on the Motions has not been set. 9 • The COVID-19 restrictions have impacted the parties' ability to obtain 10 documents, schedule depositions and obtain experts. 11 The parties submit that pursuant to Rule LR II 26-4, good cause exists for the 12 13 proposed extended discovery schedule detailed below. 14 (d) 15 The parties propose a 60-day extension to complete the remaining discovery. 16 Those dates will be: 17 Last Day to Amend Pleadings: closed 18 Expert Disclosure Deadline: 07/20/2020 19 Interim Status Report Deadline: 07/20/2020 20 Rebuttal Expert Disclosure: 08/21/2020 21 Last Day to Amend DPSO: 08/28/2020 22 Discovery Cut-Off: 09/18/2020 23 Dispositive Motions Deadline: 10/19/2020 24 Pre-Trial Order: 11/18/2020 25 (If dispositive motions are filed, the deadline for the filing of the joint pre-trial order will be 26 suspended until 30 days after decision on the dispositive motions or further court order.) Proposed Schedule: 27 28 STIPULATION AND ORDER TO MODIFY THE DISCOVERY PLAN AND SCHEDULING ORDER (FIRST REQUEST) - PAGE 5 OF 6- 3534630vi Case 2:19-cv-01879-GMN-DJA Document 28 27 Filed 05/21/20 05/20/20 Page 6 of 6 CONCLUSION 1 2 For the foregoing reasons, the parties herein respectfully request this Honorable 3 Court to modify the Discovery Plan and Scheduling Order to extend all discovery 4 deadlines. 5 Approved as to form and content: 6 Dated this 20 th day of May 2020. Dated this 20 th day of May 2020. 7 NETILES I MORRIS THE SCHNITZER LAW FIRM 8 lsi Christian M. Morris 9 14 BRIAN D. NETTLES, ESQ. Nevada Bar No. 07462 CHRISTIAN M. MORRIS, ESQ. Nevada Bar No. 11218 1389 Galleria Dr., Ste. 200 Henderson, NV 89014 Phone: 702-434-8282 Fax: 702-434-1488 Attorneys for Defendants, Cheryl Rideout Cifuni, Estate of Mikayla Alexandra Cifuni, and Michael Cifuni 15 Dated this 20th day of May 2020. 16 BAUMAN LOEWE WITT & MAXWELL 10 11 12 13 17 18 19 20 21 22 MICHAEL C. MILLS, ESQ. Nevada Bar No. 003534 3650 N. Rancho Dr., Ste. 114 Las Vegas, Nevada 89130 Phone: 702-240-6060 Fax: 702-240-4267 Attorneys for Plaintiff, Acuitv. a Mutual Insurance Company IT IS SO ORDERED. IT IS SO ORDERED. 24 DATED: May 21, 2020. 26 27 28 JORDAN P. SCHNITZER, ESQ. Nevada Bar No. 10744 9205 W. Russell Road, Ste. 240 Las Vegas, NV 89148 Phone: 702-960-4050 Fax: 702-960-4092 Associate Counsel for Defendants, Cheryl Rideout Cifuni, Estate of Mikayla Alexandra Cifuni, and Michael Cifuni lsi Michael C. Mills 23 25 lsi Jordan P. Schnitzer __________________________________ UNITED STATES UNITED STATES JUDGEMAGISTRATE JUDGE JUDGE former Local Rule **NOTE - The LocalUNITED Rules as STATES amendedMAGISTRATE on 4/17/2020 eliminated 26-3'sDATED: requirement for Interim_Status Reports. Therefore, the parties are not __________ required to submit an Interim Status Report. The parties are directed to review the revised local rules for further changes.** STIPULATION AND ORDER TO MODIFY THE DISCOVERY PLAN AND SCHEDULING ORDER (FIRST REQUEST) - PAGE 6 OF 6- 3534630vl
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