IDS Property Casualty Insurance Company v. Cunningham, No. 2:2020cv00209 - Document 13 (D. Nev. 2020)

Court Description: ORDER granting 12 Stipulation to Extend Discovery Deadlines. Discovery due by 4/15/2021. Motions due by 5/16/2021. Proposed Joint Pretrial Order due by 6/16/2021. Signed by Magistrate Judge Cam Ferenbach on 10/29/2020. (Copies have been distributed pursuant to the NEF - DRS) Modified year of deadline on 10/30/2020 (DRS).

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IDS Property Casualty Insurance Company v. Cunningham Doc. 13 Case 2:20-cv-00209-JAD-VCF Document 13 Filed 10/29/20 Page 1 of 6 1 2 3 4 5 6 7 SAO SEAN D. COONEY, ESQ. NV Bar # 12945 ADAM C. EDWARDS, ESQ. NV Bar # 15405 CARMAN COONEY FORBUSH PLLC 4045 Spencer Street Suite A47 Las Vegas, NV 89119 Telephone: (702) 421-0111 Facsimile: (702) 516-1033 service@ccfattorneys.com Attorneys for Plaintiff IDS Property Casualty Insurance Company 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 9 10 11 IDS PROPERTY CASUALTY INSURANCE COMPANY, a Wisconsin Corporation Plaintiff, 12 13 v. 14 KATLYN CUNNINGHAM, an Individual; DOES 1-10 and ROES 1-10 Case No.: VCF 2:20-cv-00209-JAD- STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES AND CONTINUE TRIAL 15 Defendants 16 17 18 Plaintiff IDS Property Casualty Insurance Company, and Defendant Katlyn 19 Cunningham, by and through their respective counsel of record, hereby stipulate 20 and agree, according to LR 26-3, to continue the discovery dates in this matter and 21 request that the court enter a new Discovery Scheduling Order containing said 22 agreed-upon dates. 23 /// 24 Dockets.Justia.com Case 2:20-cv-00209-JAD-VCF Document 13 Filed 10/29/20 Page 2 of 6 1 A. STATEMENT SPECIFYING THE DISCOVERY COMPLETED: 2 The following discovery has been completed by the parties: 3 1. Plaintiff IDS Casualty Company’s Initial Disclosures; 4 2. Defendant’s Initial Disclosures; 5 3. Plaintiff IDS Casualty Company’s requests for admissions to Defendant Cunningham; 6 4. Plaintiff IDS Casualty Company’s requests for production of documents to 7 Defendant Cunningham; 8 5. Plaintiff IDS Casualty Company’s interrogatories to Defendant 9 Cunningham; 10 11 6. Defendant’s requests for admissions to Plaintiff IDS Casualty Company; 12 7. Defendant’s requests for production of documents to Plaintiff IDS Casualty Company; 13 8. Defendant’s interrogatories to Plaintiff IDS Casualty Company; 14 15 B. 16 TO BE COMPLETED: 17 18 19 20 21 22 23 24 A SPECIFIC DESCRIPTION OF THE DISCOVERY THAT REMAINS 1. Plaintiff IDS Casualty Company’s responses to Defendant Cunningham requests for admissions; 2. Plaintiff IDS Casualty Company’s responses to Defendant Cunningham requests for production of documents; 3. Plaintiff IDS Casualty Company’s responses to Defendant Cunningham interrogatories; STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES PAGE 2 OF 6 Case 2:20-cv-00209-JAD-VCF Document 13 Filed 10/29/20 Page 3 of 6 4. Defendant Cunningham’s responses to Plaintiff IDS Casualty Company’s 1 2 requests for admissions; 5. Defendant Cunningham’s responses to Plaintiff IDS Casualty Company’s 3 requests for production of documents; 4 6. Defendant Cunningham’s responses to Plaintiff IDS Casualty Company’s 5 interrogatories; 6 7. Deposition of Person most knowledgeable of Plaintiff IDS Casualty 7 Company; 8 8. Deposition of Defendant Cunningham; 9 10 9. Plaintiff IDS Casualty Company’s designation of expert witnesses; 11 10. Defendant Cunningham’s designation of expert witnesses; 12 11. Deposition Plaintiff IDS Casualty Company’s expert witnesses; 13 12. Deposition of Defendant Cunningham’s expert witnesses; 14 13. Additional Supplemental Disclosures; 15 14. Any other related discovery deemed necessary. 16 C. 17 COMPLETED WITHIN THE TIME LIMITS SET BY THE DISCOVERY 18 ORDER: 19 THE REASONS WHY THE DISCOVERY REMAINING WAS NOT While the parties have pursued discovery based on the undisputed issues in 20 the case, the complaint is not yet at issue due to a pending FRCP 12(b)(6) motion to 21 dismiss defendant’s counterclaims for negligence. Until that motion is decided and 22 plaintiff answers the counterclaims, the full scope of discovery cannot be 23 24 STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES PAGE 3 OF 6 Case 2:20-cv-00209-JAD-VCF Document 13 Filed 10/29/20 Page 4 of 6 1 ascertained, let alone completed. Depending on the outcome of the motion to 2 dismiss, a motion for summary judgment under FRCP 56 may also be necessary. 3 In addition, for the entirety of the case to date, the COVID-19 pandemic and 4 the associated lockdowns in the State of Nevada and elsewhere have made 5 completing discovery unusually difficult. It has delayed getting the necessary 6 information to complete responses to interrogatories and requests for production. 7 It has also made completing depositions challenging, especially where plaintiff’s 8 personnel who handled the claim no longer work for plaintiff and reside outside the 9 State of Nevada. 10 D. A PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING 11 DISCOVERY: 12 Old Deadline New Deadline 13 Initial Expert Disclosures: 11/16/2020 02/14/2021 14 Rebuttal Expert Disclosure: 12/16/2020 03/16/2021 15 Amend Pleadings or Add Parties: 10/16/2020 01/14/2021 16 Close of Discovery: 01/15/2021 04/15/2021 17 Dispositive Motion Deadline: 02/15/2021 05/16/2021 18 /// 19 /// 20 /// 21 /// 22 /// 23 24 STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES PAGE 4 OF 6 Case 2:20-cv-00209-JAD-VCF Document 13 Filed 10/29/20 Page 5 of 6 1 SO, AGREED. 2 DATED October 29th, 2020 DATED October 29th, 2020 3 CARMAN COONEY FORBUSH PLLC CLEAR COUNSEL LAW GROUP /s/Sean D. Cooney, Esq. SEAN D. COONEY, ESQ. ADAM C. EDWARDS, ESQ. Attorneys for Plaintiff IDS Property Casualty Insurance Company /s/Dustin Birch, Esq. JARED R. RICHARDS, ESQ. DUSTIN BIRCH, ESQ. Attorneys for Defendant Katlyn Cunningham 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES PAGE 5 OF 6 Case 2:20-cv-00209-JAD-VCF Document 13 Filed 10/29/20 Page 6 of 6 1 ORDER 2 Upon Stipulation by Counsel for the Parties, and good cause appearing 3 therefore, IT IS HEREBY ORDERED that the discovery deadline schedule shall be 4 as follows: 5 Initial Expert Disclosures: 02/14/2021 6 Rebuttal Expert Disclosure: 03/16/2021 7 Amend Pleadings or Add Parties: 01/14/2021 8 Close of Discovery: 04/15/2021 9 Dispositive Motion Deadline: Joint Pretrial Order: 05/16/2021 for filing the joint pretrial order will be 06-16-2021 suspended until 30 days after If dispositive motions are filed, the deadline 10 11 October decision on the dispositive motions or further court order. 29th DATED this _________ day of ____________, 2020. 12 _______________________________________ Cam Ferenbach United States Magistrate Judge 13 14 Submitted by: 15 CARMAN COONEY FORBUSH PLLC 16 17 18 19 20 __/s/Sean D. Cooney, Esq.___ SEAN D. COONEY, ESQ. ADAM C. EDWARDS, ESQ. 4045 Spencer St, Suite A47 Las Vegas, NV 89119 Attorneys for Plaintiff, IDS Property Casualty Insurance Company 21 22 23 24 STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES PAGE 6 OF 6

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