Progressive Direct Insurance Company v. Laythorpe, No. 2:2022cv00822 - Document 35 (D. Nev. 2023)
Court Description: ORDER Granting 34 Stipulation to Extend Discovery Deadlines. Discovery due by 12/18/2023. Motions due by 1/16/2024. Proposed Joint Pretrial Order due by 2/15/2024. Signed by Magistrate Judge Elayna J. Youchah on 9/8/2023. (Copies have been distributed pursuant to the NEF - AMMi)
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Progressive Direct Insurance Company v. Laythorpe Doc. 35 Case 2:22-cv-00822-RFB-EJY Document 35 Filed 09/08/23 Page 1 of 6 1 2 3 4 5 6 JEFFREY R. GOMEL, ESQ, Nevada Bar No. 3067 MOUNTAIN WEST LAWYERS 2470 St. Rose Parkway, Suite 311 Henderson, Nevada 89074 jgomel@mountainwestlawyers.com Telephone: (702) 873-0001 Facsimile: (702) 873-2920 Attorney for Defendant/Counter-Claimant 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 PROGRESSIVE DIRECT INSURANCE COMPANY, Plaintiff, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. MICHAEL LAYTHORPE, an Individual; DOES I through X; and ROE CORPORATIONS I through X, inclusive, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO: 2:22-cv-00822-RFB-EJY STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES (THIRD REQUEST) MICHAEL LAYTHORPE, ) ) Counter-Claimant, ) ) vs. ) ) PROGRESSIVE DIRECT INSURANCE ) COMPANY, DOES I through X; and ROE ) CORPORATIONS I through X, inclusive, ) ) Counter-Defendant. ) Defendant/Counter-Claimant, Michael Laythorpe, and Plaintiff/Counter-Defendant, Progressive Direct Insurance Company, by and through their respective counsel of record, do hereby stipulate to extend the remaining deadlines in the current scheduling order and discovery plan in place in this matter for a period of seventy six (76) days for the reasons explained herein. The parties agree to an extension of 76 days in light of the fact that a 60-day continuance would result in the final week of discovery falling on Thanksgiving week and a 90 day continuance would fall Dockets.Justia.com Case 2:22-cv-00822-RFB-EJY Document 35 Filed 09/08/23 Page 2 of 6 1 on Christmas week. A discovery cut-off of December 17, 2023 (76 days) would avoid the holidays 2 in that respect. 3 Pursuant to Local Rule IA 6-l(a), the parties hereby aver that this is the third discovery 4 extension requested in this matter. 5 Stipulation and [Proposed] Order is thus timely pursuant to Local Rule 26-3. 6 DISCOVERY COMPLETED TO DATE PURSUANT TO LR 26-3(a} -[CHRONOLOGICAL] 7 8 9 10 11 1. The parties conducted the FRCP 26(f) Conference on October 10, 2022; 2. Defendant/Counter-Claimant served its Initial List of Witnesses and Documents on November 22, 2022; 3. document and notified Plaintiff/Counter-Defendant by email on December 19, 2022. 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff/Counter-Defendant served by mail its Initial List of Witnesses and Documents on November 1, 2022. Defendant/Counter-Claimant did not receive the 12 14 Discovery is scheduled to close October 2, 2023, and this The document was re-served via email on December 20, 2022. 4. Plaintiff/Counter-Defendant served its Initial Expert Disclosure Statement on February 2, 2023; 5. Defendant/Counter-Claimant served his Initial Expert Disclosure Statement on February 2, 2023; 6. Defendant/Counter-Claimant served his First Supplemental List of Witnesses and Documents on February 7, 2023; 7. Deposition of Shabnam Salmani, Progressive adjuster, was taken on February 21, 2023; 8. Deposition of Jennifer Pearson, Progressive adjuster, was taken on February 22, 2023; 9. Defendant/Counter-Claimant served his initial set of Interrogatories, Requests for Admissions, and Requests for Production of Documents on March 3, 2023; 10. Plaintiff/Counter-Defendant served its initial set oflnterrogatories and Requests for Production of Documents on March 3, 2023; -2- Case 2:22-cv-00822-RFB-EJY Document 35 Filed 09/08/23 Page 3 of 6 1 11. Documents on March 3, 2023; 2 3 12. 13. 14. 15. 16. Deposition of Defendant/Counter-Claimant's Expert Hugh Black was taken on March 22, 2023; 12 13 Deposition of Plaintiff/Counter-Defendant's Expert David H. Paige was taken on March 21, 2023; 10 11 Plaintiff/ Counter-Defendant served its Designation of Rebuttal Expert Witnesses on March 6, 2023; 8 9 Defendant/Counter-Claimant served his Designation of Rebuttal Expert Witnesses on March 6, 2023; 6 7 Deposition of Defendant/Counter-Claimant, Michael Laythorpe, was taken on March 6, 2023; 4 5 Defendant/Counter-Claimant served his Second Supplemental List of Witnesses and 17. Defendant/Counter-Claimant served his Third Supplemental List of Witnesses and Documents on April 12, 2023; 14 15 18. Plaintiff/ Counter-Defendant served its discovery responses on April 17, 2023; 16 19. Defendant/Counter-Claimant served his discovery responses on April 17, 2023; 17 20. Defendant/Counter-Claimant served his Fourth Supplemental List of Witnesses and Documents on May 15, 2023; 18 19 21. Documents on August 15, 2023; 20 21 Plaintiff/Counter-Defendant served its First Supplemental List of Witnesses and 22. Defendant/Counter-Claimant served his Fifth Supplemental List of Witnesses and 22 Documents August 28, 2023 (medical records relating to recent surgeries in 23 Colorado, 297 pages); 24 23. Plaintiff/Counter-Defendant served its Second Supplemental List of Witnesses and 25 Documents on September 1, 2023 (Progressive Insurance written policies and 26 procedures, 380 pages); 27 28 24. Plaintiff/Counter-Defendant served its First Supplemental Answer Defendant/Counter-Claimant's Interrogatories on September 1, 2023; -3- to Case 2:22-cv-00822-RFB-EJY Document 35 Filed 09/08/23 Page 4 of 6 1 25. Plaintiff/Counter-Defendant served its First Supplemental Responses to 2 Defendant/Counter-Claimant's Requests for Production of Documents on 3 September 1, 2023; 4 26. Defendant/Counter-Claimant served his Sixth Supplemental List of Witnesses and 5 Documents September 7, 2023 (CCMSI workers' compensation ledger showing 6 current lien in the amount of $103,321.38, 17 pages). MOTION PRACTICE COMPLETED TO DATE 7 8 1. 2023. Document 13; 9 10 Plaintiff/Counter-Defendant filed a Motion for Summary Judgment on January 5, 2. Defendant/Counter-Claimant filed his Response to Motion for Summary Judgment 11 on January 26, 2023 and his Counter-Motion for Summary Judgment on January 27, 12 2023. Document 14 and 15; 13 3. Plaintiff/Counter-Defendant filed it's Reply in Support of Motion for Summary 14 Judgment on February 6, 2023 and it's Response to Counter-Motion for Summary 15 Judgment on February 13, 2023. Document 16 and 17; 16 4. Summary Judgment on February 27, 2023. Document 19; 17 18 Defendant/Counter-Claimant filed his Reply in support of Counter-Motion for 5. Plaintiff/Counter-Defendant filed a Stipulated Protective Order on August 8, 2023, 19 which was denied without prejudice, and refiled it on August 22, 2023. Document 20 28 and 32; 21 6. Plaintiff/Counter-Defendant filed a Motion for Protective Order on July 12, 2023, 22 which was denied without prejudice, and refiled it on July 27, 2023 which is 23 pending. Document 25 and 27; 24 7. August 10, 2023. Document 30; and 25 26 27 Defendant/Counter-Claimant filed his Response to Motion for Protective Order on 8. Plaintiff/Counter-Defendant filed it's Reply in Support of Motion for Protective Order on August 17, 2023. Document 31. 28 -4- Case 2:22-cv-00822-RFB-EJY Document 35 Filed 09/08/23 Page 5 of 6 DISCOVERY TO BE COMPLETED PURSUANT TO LR-26-3(b) [ CHRONOLOGICAL] 1 2 3 1. Deposition of Progressive's NRCP 30(b)(6) Person(s) With Knowledge initially 4 scheduled for March 29, 2023 and subsequently re-scheduled for August 29, 2023, 5 which was initially postponed following Plaintiff/Counter-Defendant's Objection 6 to topics set forth in the Notice of Deposition and again postponed following the 7 pending Motion For Protective Order filed on July 27, 2023 8 2. Other employees' depositions thereafter as may be necessary; 9 3. Depositions of Defendant/Counter-Claimant's treating physicians, including 10 surgeons who reside in Colorado, for whom records have only recently been 11 provided to the parties; 12 4. Deposition of Stuart Kaplan, M.D., who performed a medical records review and 13 medical examination of Defendant/Counter-Claimant at the request of CCMSI in 14 connection with the pending workers' compensation claim, which has been delayed 15 due to Defendant/Counter-Claimant's recent surgeries and subsequent procurement 16 of related records; 17 5. Deposition of David J. Oliveri, M.D., who performed a medical records review on 18 behalf of Plaintiff/Counter-Defendant, which has been delayed due to 19 Defendant/Counter-Claimant's recent surgeries and subsequent procurement of 20 related records; 21 22 6. Supplemental written discovery as may be necessary. REASONS FOR EXTENSION PURSUANT TO LR 26-3(c) 23 As the Court is aware, Defendant/Counter-Claimant underwent a spinal fusion on March 24 10, 2023. On April 14, 2023 Defendant/Counter-Claimant underwent a right shoulder arthroscopic 25 surgery with extensive debridement. Medical records were ordered and recently received and 26 supplemented on August 28, 2023. Following receipt of the relevant records, Plaintiffs Counsel 27 has indicated Plaintiff wishes to depose those treating physicians. The depositions of Dr. Kaplan 28 and Dr. Oliveri have been delayed in light of the recent medical activity. -5- Case 2:22-cv-00822-RFB-EJY Document 35 Filed 09/08/23 Page 6 of 6 1 In addition, the parties are currently involved in a discovery dispute and Plaintiff/Counter- 2 Defendant has filed a Motion For Protective Order regarding the timely noticed Rule 30(b)(6) 3 deposition of Progressive's Person With Knowledge relating topics listed in the Rule 30(b)(6) 4 notice, to which Plaintiff/Counter-Defendant has objected. 5 Plaintiff/Counter-Defendant produced an updated Privilege Log on August 15, 2023. The Motion 6 is currently pending. 7 In connection therewith, [PROPOSED] NEW DISCOVERY DEADLINES PURSUANT TO LR 26-3(d) 8 EXPERT DISCLOSURE DEADLINE.......................................... 9 REBUTTAL DISCLOSURE DEADLINE..................................... PASSED PASSED CURRENT 11 DISCOVERY DEADLINE October 2, 2023 PROPOSED 18 December 17, 2023 12 DISPOSITIVE MOTION DEADLINE November 1, 2023 January 16, 2024 13 JOINT PROPOSED PRETRIAL ORDER December 1, 2023 February 15, 2024 10 14 If this extension is granted, all anticipated additional discovery should be concluded 15 within the stipulated extended deadlines. This request is made in good faith and not for the 16 purpose of delay. 17 DATED this 8th day of September, 2023 DATED this 8th day of September, 2023 18 MOUNTAIN WEST LAWYERS KEATING LAW GROUP BY: Isl Jeffrey R. Gome! JEFFREY R. GOMEL, ESQ. Nevada Bar No. 3067 2470 St. Rose Parkway, Suite 311 Henderson, Nevada 89074 Attorney for Defendant/Counter-Claimant BY: Isl John T Keating JOHN T. KEATING, ESQ. Nevada Bar No. 6373 9130 W. Russell Road, Suite 200 Las Vegas, Nevada 89148 Attorneys for PlaintifjlCounter-Defendant 19 20 21 22 23 24 IT IS SO ORDERED: 25 26 27 28 UNITED STATES MAGISTRATE JUDGE September 8, 2023 DATED: ___________ _ -6-
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