Winn v. Shelter Mutual Insurance Company et al, No. 2:2022cv01441 - Document 56 (D. Nev. 2024)

Court Description: ORDER granting 55 Stipulation For Extension of Time. Discovery due by 9/23/2024. Motions due by 10/22/2024. Proposed Joint Pretrial Order due by 11/25/2024. Signed by Magistrate Judge Brenda Weksler on 4/23/2024. (Copies have been distributed pursuant to the NEF - MAM)

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Winn v. Shelter Mutual Insurance Company et al Doc. 56 1 ROBERT W. FREEMAN Nevada Bar No. 03062 2 Robert.Freeman@lewisbrisbois.com FRANK A. TODDRE, II 3 Nevada Bar No. 11474 Frank.Toddre@lewisbrisbois.com 4 LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 5 Las Vegas, Nevada 89118 702.893.3383 /FAX: 702.893.3789 6 Attorneys for Defendant State Farm Mutual Automobile Insurance 7 Company 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 ASHLEY WINN; CASE NO.: 2:22-cv-1441-JCM-BNW 11 STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES 12 Plaintiff, vs. 13 SHELTER MUTUAL INSURANCE COMPANY; STATE FARM MUTUAL 14 AUTOMOBILE INSURANCE COMPANY; and DOES I through X, and ROE Corporations 15 I through X, inclusive, 16 [SIXTH REQUEST] Defendants. 17 18 Pursuant to LR 6-1 and LR 26-3, the parties, by and through their respective counsel of 19 record, hereby stipulate and request that this Court extend discovery in the above-captioned case 20 by seventy-five (90) days, up to and including September 23, 2024. In addition, the parties 21 request that all other future deadlines contemplated by the Discovery Plan and Scheduling Order 22 be extended pursuant to Local Rule. In support of this Stipulation and Request, the parties state as 23 follows: 24 DISCOVERY COMPLETED 25 1. On November 16, 2022, the parties conducted an initial FRCP 26(f) conference. 26 2. On February 24, 2023, Plaintiff served written discovery on Defendant State 27 LEWIS 28 Farm. State Farm served its Responses on April 13, 2023. 3. On February 24, 2023, Plaintiff served her FRCP 26 Initial Disclosures. BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 139340840.1 Dockets.Justia.com 1 4. On January 23, 2023, Defendant State Farm served its FRCP 26 Initial Disclosures. 2 5. On March 2, 2023, Defendant Shelter served its FRCP 26 Initial Disclosures. 3 6. On March 2, 2023, Plaintiff filed her FRCP 26.1 Initial Disclosures. 4 7. On April 12, 2023, Defendant Shelter served their responses to Plaintiff’s First 5 6 Request for Production. 8. 7 8 Request for Production. 9. 9 10 On May 1, 2023, Plaintiff filed her Answer to Defendant State Farm’s First Set of Interrogatories, and Defendant State Farm’s First Set of Request for Production. 10. On May 17, 2023, Plaintiff filed her supplemental Answers to Defendant State 11 Farm’s First Set of Interrogatories, and Supplemental Responses to Defendant State 12 Farm’s First Set of Request for Production. 13 11. 14 15 On July 5, 2023, Defendant Shelter filed their First Set for Interrogatories and Request for Production to Plaintiff. 12. On September 14, 2023, Plaintiff filed her responses to Defendant Shelter 16 Insurance’s First Set of Interrogatories and Shelter Insurance’s First Set of 17 Requests for Production. 18 13. 19 On October 12, 2023, Defendant Shelter filed their First Supplemental Disclosure Pursuant to FRCP 26(a)(1). 20 14. On October 13, 2023, the deposition of Plaintiff Ashley Winn took place. 21 15. On October 23, 2023, Defendant State Farm served their FRCP 26 First 22 Supplemental List of Witnesses and Documents. 23 16. On October 31, 2023, Plaintiff served her First Supplement to FRCP 26 Production. 24 17. On December 12, 2023, Plaintiff served her Second Supplement to FRCP 26 25 26 Production. 18. 27 LEWIS On April 13, 2023, Defendant State Farm failed their Responses to Plaintiff’s First 28 On January 30, 2024, Plaintiff served her First Set of Interrogatories on Defendant State Farm. State Farm served their Answers on February 14, 2024. 19. Also on January 30, 2024, Plaintiff served her First Set of Interrogatories on BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 139340840.1 2 1 2 Defendant Shelter. 20. 3 4 On February 13, 2024, Defendant State Farm served their FRCP 26 Amended Second Supplemental List of Witnesses and Documents. 21. 5 On February 22, 2023, Defendant State Farm served their FRCP 26 Third Supplemental List of Witnesses and Documents. 6 22. On February 26, 2024, the deposition of Amand Fauch took place. 7 23. On February 27, 2024, the deposition of Lia Wright took place. 8 24. On February 29, 2024, Defendant Shelter served their FRCP 26 Second 9 10 Supplemental Disclosures. 25. 11 Alson on February 29, 2024, Defendant Shelter served their Answers to Plaintiff’s First Set of Interrogatories. 12 26. On March 2, 2023, Defendant Shelter served their FRCP 26 Initial Disclosures. 13 27. On March 20, 2024, Plaintiff served her Second Set of Requests for Production to 14 15 Defendant Shelter. 28. 16 17 On April 8, 2024, at 11:30 am, the deposition of Rikki Simmons was set and parties prepared and arrived, but did not finish due to significant emergency. 29. On April 19, 2024, at 10:00 am, the deposition of Rodney Hernandez took place. 18 LEWIS DISCOVERY REMAINING 19 1. The parties will continue participating in written discovery. 20 2. Plaintiff will depose State Farm representatives. 21 a. Holly Spinks scheduled for April 25, 2024 at 10:00 am in Seattle, WA. 22 b. Paul Fitch scheduled for April 29, 2024 at 1:00 pm. (The parties are likely 23 continuing for logistical purposes, personal conflicts, and to possibly move from 24 Spokane to Seattle) 25 c. Daniel Mayes scheduled for April 30, 2024 at 10:00 am in Seattle, WA. 26 d. Joe Hooker (The parties are currently working on time in Mid May, to 27 occur near Chicago, IL) 28 e. Rikki Simmons (To be rescheduled due to emergency) BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 139340840.1 3 1 3. Expert disclosures and depositions. 2 4. Rebuttal disclosures and depositions. 3 5. Further, any appropriate discovery may also need to be conducted, including 4 5 additional written discovery and/or depositions of percipient witnesses. 6. 6 Procedure. 7 8 Any and all discovery required as permitted by the Federal Rules of Civil WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED The parties aver, pursuant to Local Rule 26-3, that good cause exists for the following 9 requested extension. This Request for an extension of time is not sought for any improper purpose 10 or other purpose of delay. Rather, the parties seek this extension solely for the purpose of 11 allowing sufficient time to conduct discovery. 12 The parties have been diligent in moving the case forward: participating in a reasonable 13 amount of discovery, including exchanging their initial lists of witnesses and documents; 14 propounding written discovery requests and preparing responses thereto; records procurement; and 15 preparing for Plaintiff’s deposition. 16 The deposition of Rikki Simmons was set on April 8, 2024 and the date of Attorney 17 Dennis Prince’s murder. Attorney John Keating’s brother in law works for Dennis Prince Law 18 Group and was missing for an hour, which constituted a significant family emergency. The 19 emergency cut the deposition short, and the deposition needs to be re-scheduled. 20 Additionally, the deposition of Paul Fitch, currently set in Spokane, may be re-scheduled 21 by agreement of the parties. Attorney Frank Toddre has a funeral that interferes with the current 22 date and cannot get to Spokane in time to defense the deposition in person. The parties are 23 discussing new dates or attempting to work with Mr. Fitch to travel to Seattle for the deposition. 24 The parties will additionally be participating in a meet and confer to work out issues 25 regarding attorney-client defenses involved with the State Farm employee depositions. 26 Due to the delays mentioned above, Plaintiff’s counsel needs additional time to complete 27 the above depositions of State Farm and Defendants’ FRCP 30(b)(6) witness (if necessary). LEWIS 28 Lastly, the current deadline for expert disclosures is May 10, 2024. Operationally, the BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 139340840.1 4 1 various claims handling experts require time to review the deposition transcripts for their reports 2 The current discovery schedule does not allow for this to take place, or would require post 3 deadline supplementation. 4 In an effort to accommodate all counsel and parties, all parties have agreed to extend the 5 deadlines another seventy-five (75) days so that the required discovery can be conducted in the 6 proper sequence and consistent with the availability of multiple counsel in the case. 7 Extension or Modification of The Discovery Plan and Scheduling Order. LR 26-3 governs 8 modifications or extension of the Discovery Plan and Scheduling Order. Any stipulation or 9 motion to extend or modify that Discovery Plan and Scheduling Order must be made no later than 10 twenty one (21) days before the expiration of the subject deadline and must comply fully with LR 11 26-3. This stipulation is made more than 21 days before the expiration of any deadlines. 12 This is the sixth request for extension of time in this matter. The parties respectfully 13 submit that the reasons set forth above constitute compelling reasons for the short extension. The 14 parties do not anticipate any more significant writing discovery or document productions. The 15 deadline to amend pleadings has passed and the parties are not requesting that deadline be 16 reopened. 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / LEWIS 28 / / / BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 139340840.1 5 1 The following is a list of the current discovery deadlines and the parties’ proposed 2 extended deadlines: 3 4 5 Scheduled Event Current Deadline Proposed Deadline Discovery Cut-off Thursday, July 9, 2024 Monday, September 23, 2024 Expert Disclosure pursuant Friday, May 10, 2024 to FRCP 26 (a)(2) Monday, August 5, 2024 Monday, August 26, 2024 8 Rebuttal Expert Disclosure Monday, June 10, 2024 pursuant to FRCP. 26(a)(2) 9 Dispositive Motions Thursday, August 8, 2024 Tuesday, October 22, 2024 10 Joint Pretrial Order Monday, September 9, 2024 Monday, November 25, 2024 6 7 11 If dispositive motions are pending, then the parties will serve their Joint Pretrial Order within thirty days of the Court’s order as to the parties’ dispositive motions. 12 13 14 15 / / / 16 / / / 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / LEWIS 28 / / / BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 139340840.1 6 1 WHEREFORE, the parties respectfully request that this Court extend the discovery period 2 by seventy-five (75) days from the current deadline of July 9, 2024, up to and including 3 September 23, 2024, and the other dates as outlined in accordance with the table above. 4 Dated this 22nd day of April, 2024. Dated this 22nd day of April, 2024. 5 LEWIS BRISBOIS BISGAARD & SMITH LLP 6 /s/ Frank A. Toddre, II________________ 7 Robert W. Freeman, Esq. 8 Nevada Bar No. 3062 Frank A. Toddre, II, Esq. 9 Nevada Bar No. 11474 6385 S. Rainbow Boulevard, Suite 600 10 Las Vegas, Nevada 89118 Attorneys for State Farm Mutual Automobile 11 Insurance Company VANNAH & VANNAH /s/ Robert D. Vannah __________________ Robert D. Vannah, Esq. Nevada Bar No. 2503 John B. Greene, Esq. Nevada Bar No. 004279 400 South Seventh Street, Fourth Floor Las Vegas, Nevada 89101 and Bruce D. Schupp, Esq. Nevada Bar No. 1458 LAW OFFICES OF BRUCE D. SCHUPP 1120 N. Town Center Drive, Suite 140 Las Vegas, Nevada 89144 and Brice J. Crafton, Esq. Nevada Bar No. 10558 DEAVER & CRAFTON 810 E. Charleston Blvd. Las Vegas, Nevada 89104 Attorneys for Plaintiff 12 13 14 15 16 17 Dated this 22nd day of April, 2024. 18 19 KEATING LAW GROUP 20 /s/ John T. Keating__________________ John T. Keating, Esq. 21 Nevada Bar No. 6373 22 9130 W. Russell Road, Suite 200 Las Vegas, NV 89148 23 Attorney for Defendant Shelter Mutual Insurance Company 24 25 IT IS SO ORDERED. 26 DATED this ______ day of April, 2024. 23 27 LEWIS ORDER ____________________________________ UNITED STATES MAGISTRATE JUDGE 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 139340840.1 7

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