Plascencia et al v. Hartford Fire Insurance Company, No. 2:2022cv01420 - Document 29 (D. Nev. 2024)
Court Description: ORDER granting 28 Stipulation TO EXTEND THE CLOSE OF DISCOVERY, DISPOSITIVE MOTIONS DEADLINE, AND JOINT PRETRIAL ORDER DEADLINE (Fourth Request). Discovery due by 6/3/2024. Motions due by 7/3/2024. Proposed Joint Pretrial Order due by 8/2/2024. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 2/13/2024. (Copies have been distributed pursuant to the NEF - CAH)
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Plascencia et al v. Hartford Fire Insurance Company 1 2 3 4 5 6 7 8 DENNIS M. PRINCE Nevada Bar No. 5092 KEVIN T. STRONG Nevada Bar No. 12107 PRINCE LAW GROUP 10801 W. Charleston Boulevard Suite 560 Las Vegas, NV 89135 Tel: (702) 534-7600 Fax: (702) 534-7601 Email: eservice@thedplg.com Attorneys for Plaintiffs Salvador Plascencia and Kyle Hail UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 SALVADOR PLASCENCIA, individually; Case No.: 2:22-cv-01420-GMN-MDC and KYLE HAIL, 13 14 15 Doc. 29 Plaintiffs, vs. 18 HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation; DOES, I through X, inclusive; ROE BUSINESS ENTITIES, I through X, inclusive, 19 Defendants. 16 17 STIPULATION AND ORDER TO EXTEND THE CLOSE OF DISCOVERY, DISPOSITIVE MOTIONS DEADLINE, AND JOINT PRETRIAL ORDER DEADLINE (Fourth Request) 20 21 IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs 22 SALVADOR PLASCENCIA and KYLE HAIL, through their counsel of record, Dennis 23 M. Prince and Kevin T. Strong of PRINCE LAW GROUP and Defendant HARTFORD 24 25 26 27 FIRE INSURANCE COMPANY, through its counsel of record, Darren T. Brenner and Stephanie Garabedian of WRIGHT, FINLAY & ZAK, LLP, that the discovery deadlines in this matter shall be extended ninety (90) days pursuant to LR 26-3. This is the parties’ fourth request for an extension of the discovery deadlines. The parties set forth the following information in support of their stipulation. 28 10801 W. Charleston Blvd. Suite 560 Las Vegas, NV 89135 Dockets.Justia.com 1 I. 2 DISCOVERY COMPLETED TO DATE 3 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 A. FRCP 26(a) Disclosures and Supplements Title Plaintiffs’ Initial Disclosure of Documents and Witnesses Pursuant to FRCP 26(a)(1) Hartford Fire Insurance Company’s Initial Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) Plaintiffs’ First Supplement to Their Initial Disclosure of Documents and Witnesses Pursuant to FRCP 26(a)(1) Hartford Fire Insurance Company’s First Supplemental Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) Plaintiffs’ Second Supplement to Their Initial Disclosure of Documents and Witnesses Pursuant to FRCP 26(a)(1) Hartford Fire Insurance Company’s Second Supplemental Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) Plaintiffs’ Third Supplement to Their Initial Disclosure of Documents and Witnesses Pursuant to FRCP 26(a)(1) Hartford Fire Insurance Company’s Third Supplemental Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) Hartford Fire Insurance Company’s Fourth Supplemental Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) Plaintiffs’ Initial Expert Disclosure Pursuant to FRCP 26(a)(2) Hartford Fire Insurance Company’s Initial Disclosure of Expert Witnesses Dec. 5, 2022 Jan. 27, 2023 April 17, 2023 May 12, 2023 June 28, 2023 June 29, 2023 July 13, 2023 October 2, 2023 January 25, 2024 January 25, 2024 B. Written Discovery Title Plaintiff Salvador Plascencia’s First Set of Interrogatories to Defendant Hartford Fire Insurance Company Plaintiff Kyle Hail’s First Set of Interrogatories to Defendant Hartford Fire Insurance Company Plaintiffs’ First Set of Interrogatories to Defendant Hartford Fire Insurance Company Hartford Fire Insurance Company’s First Set of Interrogatories to Plaintiff Salvador Plascencia Hartford Fire Insurance Company’s First Set of Requests for Production of Documents to Plaintiff Salvador Plascencia 2 10801 W. Charleston Blvd. Suite 560 Las Vegas, NV 89135 Date Served Nov. 30, 2022 Date Served February 8, 2023 February 8, 2023 February 8, 2023 March 13, 2023 March 13, 2023 1 2 3 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 Hartford Fire Insurance Company’s First Set of Requests for Admissions to Plaintiff Salvador Plascencia Hartford Fire Insurance Company’s First Set of Interrogatories to Plaintiff Kyle Hail Hartford Fire Insurance Company’s First Set of Requests for Production of Documents to Plaintiff Kyle Hail Hartford Fire Insurance Company’s First Set of Requests for Admissions to Plaintiff Kyle Hail Hartford Fire Insurance Company’s Responses to Plaintiff Salvador Plascencia’s First Set of Interrogatories Hartford Fire Insurance Company’s Responses to Plaintiff Kyle Hail’s First Set of Interrogatories Hartford Fire Insurance Company’s Responses to Plaintiffs Salvador Plascencia and Kyle Hail’s First Set of Requests for Production of Documents Plaintiff Salvador Plascencia’s Answers to Defendant Hartford Fire Insurance Company’s First Set of Interrogatories Plaintiff Salvador Plascencia’s Responses to Defendant Hartford Fire Insurance Company’s First Set of Requests for Production of Documents Plaintiff Salvador Plascencia’s Responses to Defendant Hartford Fire Insurance Company’s First Set of Requests for Admissions Plaintiff Kyle Hail’s Answers to Defendant Hartford Fire Insurance Company’s First Set of Interrogatories Plaintiff Kyle Hail’s Responses to Defendant Hartford Fire Insurance Company’s First Set of Requests for Production of Documents Plaintiff Kyle Hail’s Responses to Defendant Hartford Fire Insurance Company’s First Set of Requests for Admissions Hartford Fire Insurance Company’s Second Set of Requests for Production of Documents to Plaintiff Kyle Hail Plaintiff Kyle Hail’s Responses to Defendant Hartford Fire Insurance Company’s Second Set of Requests for Production of Documents March 13, 2023 March 13, 2023 March 13, 2023 April 17, 2023 April 17, 2023 April 17, 2023 May 10, 2023 May 10, 2023 May 10, 2023 May 10, 2023 May 10, 2023 May 10, 2023 September 5, 2023 October 5, 2023 C. Depositions Deponent Plaintiff Salvador Plascencia Plaintiff Kyle Hail Date June 30, 2023 September 1, 2023 D. Subpoenas Issued Subpoena Date Concentra regarding Plaintiffs Salvador Plascencia and Kyle May 3, 2023 Hail 3 10801 W. Charleston Blvd. Suite 560 Las Vegas, NV 89135 March 13, 2023 1 2 3 4 Desert Radiology regarding Plaintiff Kyle Hail Desert Orthopaedic Center regarding Plaintiff Plascencia Southern Hills Hospital Achieve Physical Therapy 7 8 9 10 DISCOVERY TO BE COMPLETED 1. Plaintiffs will take the depositions of Defendant’s relevant claims handling personnel who were involved in the investigation, evaluation, and handling of their respective underinsured motorist claims. 2. Plaintiffs will take the deposition of the FRCP 30(b)(6) witness for Defendant. 11 3. The parties will depose their respective expert witnesses. 12 4. The parties will engage in additional written discovery and notice any 13 additional depositions. 14 The parties anticipate that they may need to conduct other forms of discovery not 15 specifically delineated herein on an as-needed basis. Therefore, the list outlined above 16 17 18 19 is in no way intended to be a comprehensive list of the outstanding discovery that remains to be completed. III. REASONS DISCOVERY WAS NOT COMPLETED WITHIN THE TIME LIMITS AND NEEDS TO BE EXTENDED 20 “[D]istrict courts . . . retain broad discretion to control their dockets . . . .” 21 Shahrokhi v. Harter, No. 2:21-cv-01126-RFB-NJK, 2021 U.S. Dist. LEXIS 247936, at *4 22 (D. Nev. Dec. 30, 2021). To prevail on a request to extend discovery deadlines, the parties 23 must establish good cause. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608-09 24 25 26 27 28 (9th Cir. 1992). “Good cause to extend a discovery deadline exists if it cannot reasonably be met despite the diligence of the party seeking the extension.” Las Vegas Skydiving Adventures LLC v. Groupon, Inc., No. 2:18-cv-02342-APG-VCF, 2020 U.S. Dist. LEXIS 166073, at *6 (D. Nev. Sep. 10, 2020) (internal quotations omitted). For the reasons set forth below, the parties respectfully submit that good cause supports their request for 4 10801 W. Charleston Blvd. Suite 560 Las Vegas, NV 89135 June 29, 2023 June 30, 2023 II. 5 6 May 3, 2023 Salvador May 3, 2023 1 an extension of the close of discovery, dispositive motions deadline and joint pretrial 2 order deadline. 3 The parties respectfully request an extension of the discovery deadlines in this 4 matter for numerous reasons. Throughout the last couple months of 2023, the parties 5 6 7 8 9 10 attempted to schedule the depositions of Defendant Hartford Fire Insurance Company’s (“Hartford”) relevant claims personnel and other witnesses. Despite the parties’ diligent efforts to complete this discovery, several circumstances arose, through no fault of the parties, that delayed these depositions. Plaintiffs’ undersigned counsel of record, Dennis M. Prince (“Mr. Prince”), participated in a trial in the matter stayed EC 215 Las Vegas, LLC, et al. v. Siegel LV North Strip Tolleson, LLC, Eighth Judicial District Court Case No. A-22-851840-B. The trial litigated a dispute centered upon the entry of a preliminary 11 injection pertaining to the use of land on Las Vegas Boulevard. The trial was only 12 scheduled to last from October 9, 2023 through October 11, 2023. Unfortunately, several 13 unforeseeable delays arose from numerous arguments presented throughout trial, which 14 precluded the parties from presenting their respective witnesses and evidence during 15 the allotted three days. As a result, the parties required three additional dates, October 16 16, 2023; November 1, 2023; and November 2, 2023 to complete the trial. The 17 continuation of the trial required Plaintiffs’ lead trial counsel, Mr. Prince, to devote 18 19 20 21 22 23 additional time and resources to complete the trial. In early December 2023, the mother of Plaintiff’s undersigned counsel of record, Kevin T. Strong, was involved in a motor vehicle collision, which necessitated the cancellation of the deposition of Hartford’s claims adjuster, Sarah Grossman. In December 2023, Mr. Prince welcomed the birth of his child, which caused him to take time away from the office. The scheduling of Ms. Grossman’s deposition has also been difficult because she lives in a small, remote town in Idaho, which complicated Hartford’s 24 counsel, Darren T. Brenner’s (“Mr. Brenner”) ability to travel for Ms. Grossman’s 25 deposition. 26 The parties are also dealing with future scheduling conflicts for the month of 27 February. On February 6, 2024, Mr. Prince underwent a surgical procedure, which 28 required him to take some time away from the office. On February 9, 2023, Mr. Strong’s 5 10801 W. Charleston Blvd. Suite 560 Las Vegas, NV 89135 1 10-month-old son underwent major surgery, which has required Mr. Strong to work from 2 home for an extended period of time to help with his son’s post-surgery care. Mr. Brenner 3 will be out of the jurisdiction during the week of February 20 and will be preparing for 4 an oral argument before the Nevada Supreme Court during the first week of March 5 6 2023. Despite these conflicts, the parties have confirmed the scheduling of the following depositions: 7 8 9 10 Sarah Grossman: March 21, 2023 Troy Myers: April 4, 2023 The parties are still in the process of scheduling deposition dates for their respective retained experts and Hartford’s FRCP 30(b)(6) witness, but anticipate this deposition will be scheduled well within the requested 90-day extension period. The 11 parties also expect to mediate this case following the completion of this outstanding 12 discovery, which they reasonably believe will help to increase the chances of resolution. 13 For the reasons set forth above, the parties respectfully submit that good cause supports 14 their requested stipulation for a ninety (90) day extension of the discovery deadlines. 15 The parties’ requested extension of the discovery deadlines is not made in bad faith or 16 to cause any unnecessary delays in the resolution of this matter. IV. 17 PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 18 19 20 21 22 23 24 Current Date Proposed Date Amend Pleadings and Add Parties: Closed Closed Initial Expert Disclosures: Closed Closed Rebuttal Expert Disclosures: Closed Closed Close of Discovery: March 4, 2024 June 3, 20241 Dispositive Motions November 1, 2023 July 3, 2024 Joint Pretrial Order December 1, 2023 August 2, 2024 25 26 27 28 1 The actual deadline falls on Sunday, June 2, 2024. 6 10801 W. Charleston Blvd. Suite 560 Las Vegas, NV 89135 1 Based on the foregoing, the parties respectfully request this Court grant their 2 Stipulation and Order to Extend the Close of Discovery, Dispositive Motions Deadline, 3 and Joint Pretrial Order Deadline (Fourth Request). 4 DATED this 12th day of February, 2023. DATED this 12th day of February, 2023. 5 PRINCE LAW GROUP WRIGHT, FINLAY & ZAK, LLP /s/ Kevin T. Strong DENNIS M. PRINCE Nevada Bar No. 5092 KEVIN T. STRONG Nevada Bar No. 12107 10801 W. Charleston Boulevard Suite 560 Las Vegas, Nevada 89135 Tel: (702) 534-7600 Fax: (702) 534-7601 Attorneys for Plaintiffs Salvador Plascencia and Kyle Hail /s/ Darren T. Brenner DARREN T. BRENNER Nevada Bar No. 8386 STEPHANIE GARABEDIAN Nevada Bar No. 9612 7785 W. Sahara Avenue Suite 200 Las Vegas, Nevada 89117 Tel: (949) 477-5050 Fax: (702) 946-1345 Attorneys for Defendant Hartford Fire Insurance Company 6 7 8 9 10 11 12 13 14 ORDER 15 16 17 18 IT IS SO ORDERED. DATED: February 13, 2024 19 20 21 22 _______________________________________ Maximiliano D. Couvillier III UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 7 10801 W. Charleston Blvd. Suite 560 Las Vegas, NV 89135
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