Yaghyazarian v. Progressive Direct Insurance Company, No. 2:2022cv01339 - Document 77 (D. Nev. 2023)
Court Description: ORDER Granting 76 Stipulation for Extension of Time for Class Certification Briefing, Expert Disclosures, and to Amend the Case Management Order. Signed by Magistrate Judge Cam Ferenbach on 12/6/2023. (Copies have been distributed pursuant to the NEF - RGDG)
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Yaghyazarian v. Progressive Direct Insurance Company Doc. 77 1 Gustavo Ponce, Esq. Nevada Bar No. 15084 2 Mona Amini, Esq. Nevada Bar No. 15381 3 KAZEROUNI LAW GROUP, APC 6069 South Fort Apache Road, Suite 100 4 Las Vegas, Nevada 89148 Telephone: (800) 400-6808 5 Facsimile: (800) 520-5523 E-mail: gustavo@kazlg.com 6 E-mail: mona@kazlg.com 7 Scott Edelsberg, Esq. (pro hac vice) Florida Bar No. 0100537 8 Christopher Gold, Esq. (pro hac vice) Florida Bar No. 088733 9 EDELSBERG LAW, P.A. 20900 NE 30th Ave. 10 Suite 417 Aventura, FL 33180 11 786-673-2405 scott@edelsberglaw.com 12 chris@edelsberglaw.com 13 Attorneys for Plaintiffs and the Putative Class 14 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 15 16 GARY YAGHYAZARIAN and ELENA THORMAHLEN, individually and on 17 behalf of all others similarly situated, Plaintiffs, 18 19 vs. 20 PROGRESSIVE DIRECT INSURANCE COMPANY and PROGRESSIVE Case No.: 2:22-cv-01339-CDS-VCF JOINT STIPULATION FOR EXTENSION OF TIME FOR CLASS CERTIFICATION BRIEFING, EXPERT DISCLOSURES, AND TO AMEND THE CASE MANAGEMENT ORDER 21 NORTHERN INSURANCE COMPANY, 22 23 Ohio corporations, Defendants. 24 25 26 27 28 -1JOINT STIPULATION FOR EXTENSION OF TIME FOR CLASS CERTIFICATION BRIEFING, EXPERT DISCLOSURES, AND TO AMEND THE CASE MANAGEMENT ORDER Dockets.Justia.com 1 2 Plaintiffs Gary Yaghyazarian and Elena Thormahlen and Defendants Progressive Direct Insurance Company and Progressive Northern Insurance Company 3 4 jointly move to modify the Amended Case Management Order entered by this Court 5 on June 16, 2023 [D.E. 62], and state as follows: 6 7 1. District courts have inherent power to control their own dockets. 8 Hamilton Copper & Stell Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 9 1990). 10 11 2. This case is one of 35 related class actions Progressive and its affiliates 12 challenging the calculation of the Projected Sold Adjustment (“PSA”) in valuing 13 total-loss claims (the “PSA Cases”). King & Spalding LLP represents the defendants 14 15 16 17 18 19 in all the PSA Cases, and Shamis & Gentile P.A., Edelsberg Law P.A., Normand PLLC, and Carney Bates & Pulliam represent nearly all plaintiffs in the PSA Cases. 3. On June 16, 2023, this Court granted the Parties’ Motion to Amend the Case Management Order to allow sufficient time for the voluminous and time- 20 intensive document production of a sample of 150 claim files Plaintiffs requested 21 from Defendants and to conduct depositions. The Amended Case Management Order 22 23 24 25 26 27 28 extended, inter alia, the deadline for Plaintiffs’ to file their Motion for Class Certification and serve their Expert Disclosures to December 7, 2023. Id. 4. The Parties have been diligently working to meet the deadlines transcribed in the Amended Case Management Order, however, Plaintiffs’ require -2JOINT STIPULATION FOR EXTENSION OF TIME FOR CLASS CERTIFICATION BRIEFING, EXPERT DISCLOSURES, AND TO AMEND THE CASE MANAGEMENT ORDER 1 2 additional time to review and analyze the 150 sample claim files Defendants produced, confer with experts, and to file their Motion for Class Certification. 3 5. 4 5 6 7 deadline for Plaintiffs’ to file their Motion for Class Certification and serve their Expert Disclosures. 6. 8 9 10 11 14 15 Accordingly, to allow the same amount of time as the Case Management order allotted, the Parties also respectfully request a 55-day extension to the other deadlines below. 7. 12 13 By this Motion, the Parties respectfully seek a 55-day extension of the Federal Rule of Civil Procedure 6(b) permits a court to grant an extension of time for good cause and, “like all the Federal Rules of Civil Procedure, ‘[is] to be liberally construed to effectuate the general purpose of seeing that cases 16 are tried on the merits.” Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1254, 1258-59 17 (9th Cir. 2010) (quoting Rodgers v. Watt, 722 F.2d 456, 459 (9th Cir.1983)). 18 19 Consequently, requests for extensions of time made before the applicable deadline 20 has passed should ‘normally … be granted in the absence of bad faith on the part of 21 the party seeking relief or prejudice to the adverse party.” Id. (quoting 4B Charles 22 23 24 Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1165 (3d ed. 2004)). 25 26 27 28 8. …is Further, “Plaintiff[s’] request for an extension of less than two months reasonable.” Godinez v. L. Offs. of Clark Garen, No. -3JOINT STIPULATION FOR EXTENSION OF TIME FOR CLASS CERTIFICATION BRIEFING, EXPERT DISCLOSURES, AND TO AMEND THE CASE MANAGEMENT ORDER 1 2 SACV1600828CJCDFMX, 2016 WL 4527512, at *2 (C.D. Cal. Aug. 30, 2016) 9. Thus, the Parties request that the Court amend the case management 3 4 5 6 7 order to set new deadlines for expert reports and class certification briefing. 10. The Parties have worked diligently to meet all deadlines set by the scheduling order, and have made significant strides, including the completion of fact 8 discovery and depositions. However, due to the demands of the other PSA Cases, 9 accounting for the travel schedules of Counsel and Plaintiffs’ experts during the 10 11 holiday season, and the multitude of discovery that still needs to be reviewed, the 12 Parties respectfully request a slight modification to the Amended Case Management 13 Order. 14 15 16 17 18 19 20 11. For the reasons discussed above, good cause exists for modifying the Amended Case Management Order. 12. This Motion is made in good faith, not for delay or any dilatory tactic, and no party will be unduly prejudiced or harmed by the grant of this Motion. WHEREFORE, Plaintiffs and Defendants respectfully request the following 21 modifications detailed below: 22 23 24 25 26 27 28 Plaintiffs’ Expert Disclosures Plaintiffs’ Motion for Class Certification Current Deadline Proposed Deadline December 7, 2023 January 31, 2024 December 7, 2023 January 31, 2024 -4JOINT STIPULATION FOR EXTENSION OF TIME FOR CLASS CERTIFICATION BRIEFING, EXPERT DISCLOSURES, AND TO AMEND THE CASE MANAGEMENT ORDER 1 2 3 4 5 Defendants’ Expert Disclosures Defendants’ Opposition to Class Certification Plaintiffs’ Reply in Support of Class Certification February 12, 2024 April 8, 2024 February 12, 2024 April 8, 2024 March 26, 2024 May 20, 2024 6 7 8 Respectfully submitted, 9 10 11 12 13 14 15 16 17 18 KAZEROUNI LAW GROUP, APC KING & SPALDING LLP /s/ Gustavo Ponce Gustavo Ponce, Esq. Mona Amini, Esq. 6069 S. Fort Apache Rd., Suite 100 Las Vegas, Nevada 89148 /s/ Allison Hill White Allison Hill White (pro hac vice) Jeffrey S. Cashdan (pro hac vice) Zachary A. McEntyre (pro hac vice) J. Matthew Brigman (pro hac vice) 1180 Peachtree Street, N.E. Atlanta, Georgia 30309 Scott Edelsberg, Esq. (pro hac vice) Florida Bar No. 0100537 Christopher Gold, Esq. (pro hac vice) Florida Bar No. 088733 EDELSBERG LAW, P.A. 20900 NE 30th Ave. Suite 417 Aventura, FL 33180 Counsel for Plaintiffs and the Proposed Class 19 SANTORO WHITMIRE James E. Whitmire, Esq. Nevada State Bar No. 6533 10100 W. Charleston Blvd., Suite 250 KING &SPALDING LLP Julia C. Barrett (pro hac vice) 500 W. 2nd Street Austin, TX 78701 Counsel for Defendants 20 21 22 23 24 25 IT IS SO ORDERED: 12-6-2023 DATED: _________________ ___________________________________ Hon. Cam Ferenbach UNITED STATES MAGISTRATE JUDGE 26 27 28 -5JOINT STIPULATION FOR EXTENSION OF TIME FOR CLASS CERTIFICATION BRIEFING, EXPERT DISCLOSURES, AND TO AMEND THE CASE MANAGEMENT ORDER 1 2 3 4 5 CERTIFICATE OF SERVICE I hereby certify that on December 5, 2023, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel identified below via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner. 6 7 8 Respectfully submitted, 9 KAZEROUNI LAW GROUP, APC /s/ Gustavo Ponce Gustavo Ponce, Esq. Mona Amini, Esq. 6069 S. Fort Apache Rd., Suite 100 Las Vegas, Nevada 89148 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6JOINT STIPULATION FOR EXTENSION OF TIME FOR CLASS CERTIFICATION BRIEFING, EXPERT DISCLOSURES, AND TO AMEND THE CASE MANAGEMENT ORDER
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