Plaza v. Geico General Insurance Company, No. 2:2019cv01954 - Document 39 (D. Nev. 2020)

Court Description: ORDER granting 38 Joint Pretrial Order. Calendar Call set for 6/16/2021 at 01:30 PM in LV Courtroom 6A before Judge James C. Mahan. Jury Trial set for 6/21/2021 at 09:00 AM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 12/9/2020. (Copies have been distributed pursuant to the NEF - DRS)

Download PDF

Plaza v. Geico General Insurance Company Doc. 39 Case 2:19-cv-01954-JCM-NJK Document 38 39 Filed 12/02/20 12/09/20 Page 1 of 7 1 WADE M. HANSARD, ESQ. Nevada Bar No. 8104 2 whansard@mbswc.com JONATHAN W. CARLSON, ESQ. 3 Nevada Bar No. 10536 jcarlson@mbswc.com 4 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP 5 8337 West Sunset Road, Suite 350 Las Vegas, NV 89113 6 Telephone: (702) 949-1100 Facsimile: (702) 949-1101 7 Attorneys for Defendant 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 HERIBERTO PLAZA, JR., an individual, CASE NO. 12 PROPOSED JOINT PRE-TRIAL ORDER 13 Plaintiff, 2:19-cv-1954-JCM-NJK v. 14 GEICO GENERAL INSURANCE COMPANY; DOES I through X, inclusive; ROE 15 CORPORATIONS I through X, inclusive, 16 Defendants. 17 18 After pretrial proceedings in this case, 19 IT IS SO ORDERED: 20 I. 21 This is an action for: 22 This is an action for breach of contract and bad faith arising out of an insurance policy for 23 underinsured motorist (“UIM”) coverage. 24 Plaintiff’s Complaint brings forth causes of action against Defendant for breach of contract, 25 unfair claims practice violations, and breach of the covenant of good faith and fair dealing based on 26 damages Plaintiff alleges arise out of injuries sustained in an automobile accident occurring on or 27 about February 24, 2018. 28 / / / MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 Dockets.Justia.com Case 2:19-cv-01954-JCM-NJK Document 38 39 Filed 12/02/20 12/09/20 Page 2 of 7 1 PROPOSED JOINT PRE-TRIAL ORDER CASE NO. 2:19-cv-1954-JCM-NJK 2 3 Defendant filed a Motion to Dismiss with the Court on November 14, 2019. The Court issued 4 an Order on January 2, 2020, dismissing Plaintiff’s claims for bad faith and unfair claims practices 5 without prejudice. Plaintiff did not file an amended complaint. 6 Plaintiff’s Complaint seeks relief in the form of general, special, and punitive damages, 7 prejudgment interest, reasonable attorney fees, costs of suit, and for such other and further relief as the 8 Court deems proper. 9 Defendant submits that it has not breached the policy with Plaintiff in relation to any UIM 10 benefits. 11 II. 12 Statement of jurisdiction: 13 This action was originated by the filing of a Complaint in the Eighth Judicial District Court, 14 Clark County, Nevada on October 3, 2019. Defendant removed the case from State Court to Federal 15 Court on November 7, 2019, citing diversity between the parties and that this Court has jurisdiction of 16 the matter under 28 U.S.C. § 1332 and 28 U.S.C. § 1441(b). 17 III. 18 The following facts are admitted by the parties and require no proof: 19 1. Plaintiff was involved in an automobile accident on September 3, 2014; 20 2. The underlying tort carrier possessed policy limits in the amount of $15,000.00, for 21 22 which GEICO is entitled to claim an offset; 3. At the same time and place, Plaintiff was insured by Defendant with applicable 23 underinsured motorist (“UIM”) limits of $300,000.00 per person and $300,000.00 each 24 occurrence. The policy provisions are incorporated herein by this reference; and 25 4. On July 24, 2019, Plaintiff demanded payment of the UIM policy limit. 26 IV. 27 The following facts, though not admitted, will not be contested at trial by evidence to the contrary: 28 None at this time. MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 2 Case 2:19-cv-01954-JCM-NJK Document 38 39 Filed 12/02/20 12/09/20 Page 3 of 7 1 PROPOSED JOINT PRE-TRIAL ORDER CASE NO. 2:19-cv-1954-JCM-NJK 2 3 V. 4 The following are the issues of fact to be tried and determined at trial: Amount of Plaintiff’s 5 entitlement to contractual underinsured motorist benefits under the breach of contract cause of action 6 under his UIM policy as a result of injuries sustained in the September 3, 2014, motor vehicle 7 accident. 8 VI. 9 The following are the issues of law to be tried and determined at trial. 10 1. None. The relevant areas of law are settled. 11 (a) The following exhibits are stipulated into evidence in this case and may be so marked by the clerk: 12 13 1. 14 Henderson Police Report (conclusions of fault and private information redacted); 15 2. Photographs; 16 3. Advanced Orthopedics and Sports Medicine Billing and Records 17 4. American Toxicology Billing and Records 18 5. CareNow Billing and Records 19 6. Desert Institute of Spine Care Billing and Records 20 7. Las Vegas Radiology Billing and Records 21 8. Pueblo Medical Billing and Records 22 9. Rapid Rehab Billing and Records 23 10. Ross Medical Billing and Records 24 11. Seven Hills Surgery Center Billing and Records 25 12. Shields Family Dentistry Billing and Records 26 13. Valley Anesthesiology Billing and Records 27 14. Valley Pain and Injury Specialists Billing and Records 28 15. WellCare Pharmacy Billing MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 3 Case 2:19-cv-01954-JCM-NJK Document 38 39 Filed 12/02/20 12/09/20 Page 4 of 7 1 PROPOSED JOINT PRE-TRIAL ORDER CASE NO. 2:19-cv-1954-JCM-NJK 2 3 16. Advanced Orthopedics & Sports Medicine Images 4 17. Desert Institute of Spine Care Images 5 18. Las Vegas Radiology Images 6 19. Pueblo Medical Imaging Images 7 (b) As to the following additional exhibits, the parties have reached the stipulations stated: 8 (1) 9 None at this time. Set forth stipulations on Plaintiff’s exhibits. 10 (2) 11 None at this time. 12 (c) Set forth stipulations on Defendant’s exhibits. As to the following exhibits, the party against whom the same will be offered objects to their admission on the grounds stated: 13 14 15 None. (d) 16 Electronic evidence: The parties do not intend to present any electronic evidence for purposes of jury deliberations at this time. 17 (e) Depositions: None at this time. 18 (f) Objections to Depositions: The parties object to the use of deposition transcripts and 19 videotaped depositions of any witnesses offered by the parties, to the extent allowable 20 by the rules of evidence, and consistent with the rules of unavailability. 21 VII. 22 The following witnesses may be called by the parties at trial, though both parties reserve the right to 23 call any witness identified herein by the opposing party: 24 25 26 (a) Provide names and addresses of Plaintiff’s witnesses. 1. Heriberto Plaza, Jr. c/o Clear Counsel Law Group 1671 West Horizon Ridge Parkway, Suite 200 Las Vegas, NV 89012 27 28 / / / MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 4 Case 2:19-cv-01954-JCM-NJK Document 38 39 Filed 12/02/20 12/09/20 Page 5 of 7 1 PROPOSED JOINT PRE-TRIAL ORDER CASE NO. 2:19-cv-1954-JCM-NJK 2 3 2. Advanced Orthopedics & Sports Medicine 30(b)(6) Designee, Person Most Knowledgeable, Custodian of Records Michael Trainor, D.O. 8420 West Warm Springs Road, Suite 100 Las Vegas, Nevada 89113 3. Valley Pain & Injury Specialists 30(b)(6) Designee, Person Most Knowledgeable, Custodian of Records Scott Martin, M.D., Pain Management 10120 S. Eastern Avenue, Suite 100 Henderson, Nevada 89052 4. Pueblo Medical Imaging 30(b)(6) Designee, Person Most Knowledgeable, Custodian of Records Keith Lewis, M.D. 5495 S Rainbow Boulevard, Suite 203 Las Vegas, Nevada 89118 5. Shields Family Dentistry 30(b)(6) Designee, Person Most Knowledgeable, Custodian of Records Andrew Shields III, DMD 601 Whitney Ranch Drive, Suite D-22 Henderson, Nevada 89014 6. CareNow Urgent Care 30(b)(6)Designee, Person Most Knowledgeable, Custodian of Records Naomi Purdy, M.D. 2269 North Green Valley Parkway Henderson, Nevada 89014 7. Rapid Rehab Physical Therapy 30(b)(6)Designee, Person Most Knowledgeable, Custodian of Records Samantha Serwon, PT, DPT 8751 W. Charleston Blvd 270 Las Vegas, Nevada 89117 8. Ross Medical Group 30(b)(6)Designee, Person Most Knowledgeable, Custodian of Records Douglas Ross, M.D. 2481 W. Horizon Ridge Pkwy, 100 Henderson, Nevada 89052 9. Las Vegas Radiology 30(b)(6) Designee, Person Most Knowledgeable, Custodian of Records Jeffrey Markham, M.D. 7500 Smoke Ranch Road, Suite 100 Las Vegas, Nevada 89128 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 / / / 28 / / / MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 5 Case 2:19-cv-01954-JCM-NJK Document 38 39 Filed 12/02/20 12/09/20 Page 6 of 7 1 PROPOSED JOINT PRE-TRIAL ORDER CASE NO. 2:19-cv-1954-JCM-NJK 2 3 10. 4 5 6 7 (b) Desert Institute of Spine Care 30(b)(6) Designee, Person Most Knowledgeable, Custodian of Records Andrew Cash, M.D. 9339 West Sunset Road, Suite 100 Las Vegas, Nevada 89148 Provide names and addresses of Defendant’s witnesses. 1. 8 Reynold Rimoldi, MD Nevada Orthopedic & Spine Center 7455 West Washington Avenue, Suite 160 Las Vegas, NV 89128 9 10 VIII. 11 The attorneys or parties have met and jointly offer these three trial dates: 12 April 12, 2021 April 26, 2021 May 3, 2021. 13 It is expressly understood by the undersigned that the Court will set the trial of this matter on one of the agreed-upon dates if possible; if not, the trial will be set at the convenience of the Court’s 14 calendar. 15 IX. 16 It is estimated that the trial will take a total of five (5) to seven (7) days. A jury trial has been 17 requested by Defendant. 18 X. 19 The parties hereby certify that they considered consent to trial by a magistrate judge under 28 U.S.C. § 20 636(c) and Fed. R. Civ. P. 73, use of the Short Trial Program (General Order 2013-01), and the use of 21 alternative dispute-resolution processes including mediation, arbitration, and early neutral evaluation. 22 The parties have not agreed to trial by a magistrate judge or the use of the short trial program. 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 6 Case 2:19-cv-01954-JCM-NJK Document 38 39 Filed 12/02/20 12/09/20 Page 7 of 7 1 PROPOSED JOINT PRE-TRIAL ORDER CASE NO. 2:19-cv-1954-JCM-NJK 2 3 APPROVED AS TO FORM AND CONTENT: 4 DATED this 2nd day of December, 2020 5 CLEAR COUNSEL LAW GROUP 6 By 7 8 9 10 /s/ Dustin E. Birch JARED R. RICHARDS, ESQ. Nevada Bar No. 11254 DUSTIN E. BIRCH, ESQ. Nevada Bar No. 10517 Attorneys for Plaintiff DATED this 2nd day of December, 2020 11 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP 12 By 15 /s/ Wade M. Hansard WADE M. HANSARD, ESQ. Nevada Bar No. 8104 JONATHAN W. CARLSON, ESQ. Nevada Bar No. 10536 Attorneys for Defendant 16 XI. 17 ACTION BY THE COURT 13 14 18 This case is set for court/jury trial on the fixed/stacked calendar on _______________, June 21 2021/2022, at June 16 6A Calendar call will be held on _______________, 19 _____ 9:00 a.m./p.m. in Courtroom _____. 2021/2022, at 1:30 a.m./p.m. in Courtroom _____. 6A 20 _____ 21 This pretrial order has been approved by the parties to this action as evidenced by their signatures or the signatures of their attorneys hereon, and the order is hereby entered and will govern the trial of this 22 case. This order may not be amended except by Court order and based upon the parties’ agreement or to prevent manifest injustice. 23 24 DATED December this ___ day9, of2020. ___, 2020. 25 26 27 By UNITED STATES DISTRICT JUDGE or UNITED STATES MAGISTRATE JUDGE 28 MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 W. SUNSET RD, SUITE 350 LAS VEGAS, NV 89113 7

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.