Williams et al v. The Travelers Home and Marine Insurance Company et al, No. 2:2020cv01669 - Document 14 (D. Nev. 2020)
Court Description: SCHEDULING ORDER granting 13 Discovery Plan and Scheduling Order; Discovery due by 3/16/2021. Motions due by 4/15/2021. Proposed Joint Pretrial Order due by 5/17/2021. Signed by Magistrate Judge Brenda Weksler on 11/4/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Williams et al v. The Travelers Home and Marine Insurance Company et al Doc. 14 Case 2:20-cv-01669-JAD-BNW Document 14 13 Filed 11/04/20 11/03/20 Page 1 of 6 1 2 3 4 5 6 7 8 10 11 Lee H. Gorlin, NV Bar No. 13879 lgorlin@fgppr.com 2200 Paseo Verde Parkway, Suite 280 Henderson, NV 89052 Telephone: 702-827-1510 Facsimile: 312-863-5099 Attorneys for The Travelers Home and Marine Insurance Company 12 2200 Paseo Verde Parkway, Suite 280 Henderson, Nevada 89052 FORAN GLENNON PALANDECH PONZI & RUDLOFF PC 9 Amy M. Samberg, NV Bar No. 10212 asamberg@fgppr.com FORAN GLENNON PALANDECH PONZI & RUDLOFF PC 400 East Van Buren Street, Suite 550 Phoenix, AZ 85004 Telephone: 602-777-6230 Facsimile: 312-863-5099 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 16 MAXWELL B. WILLIAMS and CLAIRE N. WILLIAMS, individually, 19 20 21 22 2:20-cv-01669-JAD-BNW Plaintiffs, 17 18 CASE NO. [PROPOSED] DISCOVERY PLAN AND SCHEDULING ORDER vs. THE TRAVELERS HOME AND MARINE INSURANCE COMPANY and THE TRAVELERS INDEMNITY COMPANY; DOES I-X; AND ROE CORPORATIONS I-X, SUBMITTED IN COMPLIANCE WITH LR 26-1(b) Defendants. 23 24 Plaintiffs Maxwell B. Williams and Claire N. Williams (collectively “Plaintiffs”) and 25 Defendant The Travelers Home and Marine Insurance Company (“THMIC”) by and through their 26 respective counsel, hereby stipulate and agree to the following [proposed] discovery plan and 27 scheduling order in this matter pursuant to Fed. R. Civ. P. 26(f) and Local Rule 26-1. 28 -1Dockets.Justia.com Case 2:20-cv-01669-JAD-BNW Document 14 13 Filed 11/04/20 11/03/20 Page 2 of 6 A. INTRODUCTION 2 This is a dispute between two insureds and their home insurance provider regarding the 3 amount of benefits available for lost contents following an alleged burglary at the subject location. 4 THMIC has filed a Motion to Dismiss and the briefing has concluded. 5 B. DATE THAT EARLY CASE CONFERENCE WAS HELD AND WHO ATTENDED 6 Pursuant to Fed. R. Civ. P. 26(f) Conference: On November 2, 2020, the Parties held a 7 conference call to discuss the matters required by Fed. R. Civ. P. 26(f) and LR 26-1. Thomas 8 Friedman of the law firm Brown, Bonn, & Friedman, LLC appeared for Plaintiffs. Lee H. Gorlin 9 of the law firm Foran Glennon Palandech Ponzi & Rudloff PC appeared for THMIC. 10 C. 11 2200 Paseo Verde Parkway, Suite 280 Henderson, Nevada 89052 FORAN GLENNON PALANDECH PONZI & RUDLOFF PC 1 SUBJECTS UPON WHICH DISCOVERY IS NEEDED Discovery is required concerning the issues relating to the claims alleged in Plaintiffs’ 12 Complaint (ECF No. 1-1). 13 D. ISSUES ABOUT DISCLOSURE OR DISCOVERY OF ELECTRONICALLY STORED INFORMATION 14 15 The parties have discussed ESI requests and have agreed to preserve and maintain all 16 electronically stored documents. The parties will coordinate with each other regarding applicable 17 ESI protocols. 18 E. ISSUES ABOUT CLAIMS OF PRIVILEGE OR PRODUCTION OF PROTECTED INFORMATION 19 20 The parties acknowledge that there may be attorney-client privilege (or other privilege) 21 issues that arise in this action. The parties agree to meet and confer regarding specific privilege 22 issues that may arise in this matter before seeking the Court’s intervention. 23 F. STATEMENT OF REASONS WHY LONGER TIME PERIODS SHOULD APPLY TO THIS CASE 24 25 The parties do not believe that a longer time period is necessary at this time. The parties 26 reserve the right to stipulate or to ask the Court for additional time for good cause pursuant to the 27 federal and local rules. 28 -2- Case 2:20-cv-01669-JAD-BNW Document 14 13 Filed 11/04/20 11/03/20 Page 3 of 6 1 G. 2 The parties have discussed alternative dispute resolution and agree to continue to discuss 3 and explore the possibilities of further alternative dispute resolution as this case proceeds. At this 4 time, the parties prefer to continue with this action. 5 H. 2200 Paseo Verde Parkway, Suite 280 Henderson, Nevada 89052 6 FORAN GLENNON PALANDECH PONZI & RUDLOFF PC ALTERNATIVE DISPUTE RESOLUTION ALTERNATIVE FORMS OF CASE DISPOSITION The parties have considered alternative forms of case disposition and decline to consent to 7 those such forms. 8 I. ELECTRONIC EVIDENCE 9 The parties certify that electronic evidence was discussed and that presently there is no 10 intent to present electronic evidence to a jury. The parties reserve their rights to modify their 11 position as the case is developed. 12 J. THE PARTIES’ PROPOSED DISCOVERY PLAN 13 The parties propose the following timeline: 14 1. Initial Disclosures: The parties will make their initial Federal Rule of Civil 15 Procedure 26 disclosures by Monday, November 16, 2020, which is fourteen (14) days from the 16 date of the Fed. R. Civ. Pro., Rule 26(f) conference. 17 18 19 2. Discovery Cut-Off Date: The discovery cut-off will be Tuesday, March 16, 2021. This date is 180 days from the date the first defendant appeared in this matter. 3. Amending Pleadings and Adding Parties: All motions to amend the pleadings or 20 to add parties shall be filed not later than Wednesday, December 16, 2020, which is ninety (90) 21 days before the discovery cut-off date. 22 4. Fed. R. Civ. P. 26(a)(2) Disclosure of Experts: Disclosures concerning experts 23 shall be made by Friday, January 15, 2021, which is sixty (60) days before the discovery cut-off 24 deadline. Disclosure of rebuttal experts shall be made by Monday, February 15, 2021, which is 25 the first judicial day following thirty (30) days after the expert disclosures (which falls on a 26 Sunday). 27 5. 28 Dispositive Motions: The date for filing dispositive motions shall not be later than Thursday, April 15, 2021, which is thirty (30) days after the discovery cut-off date. -3- Case 2:20-cv-01669-JAD-BNW Document 14 13 Filed 11/04/20 11/03/20 Page 4 of 6 1 2 6. trial, unless otherwise ordered by the Court. 3 7. Pretrial Order: The date for filing the joint pretrial order shall not be later than 4 thirty days after the date set for filing dispositive motions on or before Monday, May 17, 2021, 5 which is the first business day following the expiration of 30 days after the deadline for filing of 6 dispositive motions In the event that dispositive motions are filed, the date for filing the joint 7 pretrial order shall be suspended until thirty (30) days after decision on the dispositive motions or 8 until further order of the Court. The parties shall include the disclosures required pursuant to Fed. 9 R. Civ. P. 26(a)(3), and any objection thereto, with the pretrial order. 10 2200 Paseo Verde Parkway, Suite 280 Henderson, Nevada 89052 FORAN GLENNON PALANDECH PONZI & RUDLOFF PC Motions in Limine: Motions in Limine should be filed thirty (30) days prior to 8. Extension of Scheduled Deadline: All motions or stipulations to extend discovery 11 shall be received by the court within twenty-one (21) days before the discovery cut-off on or before 12 Tuesday, February 23, 2021. 13 K. LATER APPEARING PARTIES: 14 A copy of this Discovery Plan and Scheduling Order shall be served upon any person served 15 after it is entered or, if additional defendants should appear, within five (5) days of their first 16 appearance. This Discovery Plan and Scheduling Order shall apply to such later appearing parties, 17 unless a stipulation of the parties is approved by the Court, or the Court, on motion for good cause 18 shown, otherwise ordered. 19 L. ADDITIONAL INFORMATION: 20 Additional Provisions Regarding Inadvertent Disclosure / Claw Back 21 In addition to the protection provided in Rule 26(b)(5)(B) regarding inadvertent production 22 of information subject to a claim of privilege or of protection as trial-preparation material, the 23 parties agree that disclosure of any document produced in this action could have been withheld, in 24 whole or in part, based on legitimate claim of attorney-client privilege, work-product protection, or 25 other applicable privilege (an “Inadvertently Produced Document”) shall not result in the waiver of 26 any privilege or protection associated with such document, nor result in a waiver of any kind. 27 Within fourteen (14) days of a demand for the return of any Inadvertently Produced 28 Document, the producing party shall provide the receiving party with a privilege log setting forth -4- 2200 Paseo Verde Parkway, Suite 280 Henderson, Nevada 89052 FORAN GLENNON PALANDECH PONZI & RUDLOFF PC Case 2:20-cv-01669-JAD-BNW Document 14 13 Filed 11/04/20 11/03/20 Page 5 of 6 1 the basis for the claim of privilege in relation to the Inadvertently Produced Document. In the event 2 that some portion of the Inadvertently Produced Document does not contain privileged information, 3 the producing party will also provide a redacted copy of the Inadvertently Produce Document that 4 omits the information subject to the claim of privilege. 5 If the receiving party disagrees with the producing party’s designation of an Inadvertently 6 Produced Document as privileged, it may object to such a designation by providing written notice 7 within fourteen (14) days of receipt of a written demand for return of the subject Inadvertently 8 Produced Document. Should the parties fail to reach agreement following a meaningful attempt to 9 resolve the dispute, any such objection shall be resolved by the Court after an in-camera review of 10 the Inadvertently Produced Document. No party may use any disputed document in the litigation 11 while resolution of such a dispute is pending. 12 M. 13 14 15 16 COURT CONFERENCE: The Parties do not request a conference with the Court before the entry of this Scheduling Order. DATED this 3rd day of November 2020 DATED this 3rd day of November 2020 BROWN, BONN & FRIEDMAN, LLC FORAN GLENNON PALANDECH PONZI & RUDLOFF PC By: /s/ Thomas Friedman, Esq / Thomas Friedman (NV Bar No. 7708) 5528 South Fort Apache Road Las Vegas, Nevada 89148 / By: /s/ Lee H. Gorlin, Esq Lee H. Gorlin (NV Bar No. 13879) 2200 Paseo Verde Parkway, Suite 380 Henderson, Nevada 89052 Attorneys for Maxwell B. Williams and Claire N. Williams Attorneys for Travelers Home and Marine Insurance Company 17 18 19 20 21 22 23 24 ORDER IT IS SO ORDERED. 25 26 27 United States Magistrate Judge 11/4/2020 28 Dated -5- Case 2:20-cv-01669-JAD-BNW Document 14 13 Filed 11/04/20 11/03/20 Page 6 of 6 1 CERTIFICATE OF SERVICE 2 Pursuant to FRCP 5, I hereby certify that a copy of the foregoing [PROPOSED] 3 DISCOVERY PLAN AND SCHEDULING ORDER was served by submitting the same to the 4 above-entitled Court for electronic service upon the Court’s Registered Service List for the above- 5 referenced case. 6 Dated this 3rd day of November, 2020. 7 8 10 11 12 2200 Paseo Verde Parkway, Suite 280 Henderson, Nevada 89052 FORAN GLENNON PALANDECH PONZI & RUDLOFF PC 9 /s/ Darhyl Kerr An Employee of Foran Glennon 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- /
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