De Vries v. Allstate Insurance Company, No. 2:2017cv01810 - Document 20 (D. Nev. 2018)

Court Description: ORDER Granting 19 Stipulation re Discovery Deadlines. Discovery due by 5/9/2018. Motions due by 6/8/2018. Proposed Joint Pretrial Order due by 7/9/2018. Signed by Magistrate Judge Nancy J. Koppe on 1/24/2018. (Copies have been distributed pursuant to the NEF - MMM)
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De Vries v. Allstate Insurance Company Doc. 20 Case 2:17-cv-01810-KJD-NJK Document 19 Filed 01/23/18 Page 1 of 6 1 2 3 4 5 6 7 JOHN T. KEATING Nevada Bar No.: 6373 K E A T I N G LAW GROUP 9130 W. Russell Road, Suite 200 Las Vegas, Nevada 89148 jkeating@keatinglg.com (702) 228-6800 phone (702) 228-0443 facsimile Attorneys for Defendant Allstate Insurance Company 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA JOHN DE VRIES, an individual, CASE NO.: 2:17-cv-01810 11 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP 10 Plaintiff, 12 13 14 15 vs. STIPULATION TO EXTEND DISCOVERY PLAN AND SCHEDULING ORDER ALLSTATE INSURANCE COMPANY; DOES I DEADLINES BY 30 DAYS (Second Request) through X; and ROE CORPORATIONS I through X, inclusive, 16 Defendants. 17 18 Pursuant to LR 6-1 and LR 26-4, Defendant ALLSTATE INSURANCE COMPANY 19 20 (Defendant), and Plaintiff JOHN DE VRIES (Plaintiff), by and through their respective counsel of 21 record, respectfully submit the following stipulation requesting a thirty (30) day extension of the 22 current order deadlines. The current discovery cut-off is April 9, 2018. This stipulation is being 23 24 made at least 21 days before expiration of the current discovery cut-off and is being entered 25 into in good faith and not for the purpose of delay. In support of this Stipulation and Request, 26 the parties state as follows: 27 /// 28 1 Dockets.Justia.com Case 2:17-cv-01810-KJD-NJK Document 19 Filed 01/23/18 Page 2 of 6 1 I. 2 3 4 Introduction This case is a bad faith action brought by Plaintiff for alleged damages suffered as a result of a vehicle theft loss on December 2, 2016. Plaintiff filed a complaint in State Court on 5 June 14, 2017, and on June 30, 2017, Defendant removed this matter to Federal Court. 6 Defendant Answered on July 11, 2017. The Second Amended Stipulated Discovery Plan and 7 Scheduling Order was entered on August 24, 2017, and the dates were extended by ninety (90) 8 9 days via stipulation and order entered on October 27, 2017. This is the second request to extend the deadlines. 11 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP 10 II. 12 Discovery Status A. Discovery that has been completed. 13 14 1. August 31, 2017. 15 16 Plaintiff served his Initial Disclosures pursuant to FRCP 26(a)(1) on 2. 17 Defendant served its Initial Disclosures pursuant to FRCP 26(a)(1) on September 12, 2017. 18 19 3. The Parties continue to supplement their respective Initial Disclosures. 20 4. Plaintiff served his First Set of Interrogatories and First Set of Requests 21 22 23 for Production on September 11, 2017. 5. November 14, 2017. 24 25 6. 26 27 28 Defendant served its responses to Plaintiff’s discovery requests on Defendant served its First Set of Interrogatories and First Set of Requests for Production of Documents on September 15, 2017. 7. Plaintiff served his responses to Defendant’s discovery requests on 2 Case 2:17-cv-01810-KJD-NJK Document 19 Filed 01/23/18 Page 3 of 6 1 December 1, 2017. 2 8. 3 Requests for Production of Documents on November 6, 2017. 4 9. 5 6 Plaintiff served his responses to Defendant’s second set of discovery requests on December 11, 2017. 7 10. 8 The parties have been in discussions to schedule depositions and to plan potential expert witnesses in the case. 9 B. 10 Discovery that remains. 11 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP Defendant served its Second Set of Interrogatories and Second Set of 1. Deposition of Plaintiff. 12 2. Expert disclosures and depositions. 3. Rebuttal Expert disclosures and depositions. 4. Depositions to be noticed by Plaintiff and additional depositions to be 13 14 15 16 noticed by Defendant. 17 Further, other appropriate discovery may also need to be conducted, including additional 18 19 written discovery. 20 III. 21 22 23 Reason for Extension Although the parties have been working diligently to complete discovery, they had agreed to a formal mediation that was scheduled for December 13, 2017 with retired Judge David Wall. 24 Unfortunately, due to an unexpected conflict for Plaintiff’s counsel, the mediation did not go 25 forward, and had to be cancelled on short notice. However, since that time, the parties have 26 entered into informal settlement talks in hopes of resolving this matter without the time and 27 28 expense of formal mediation. Due to the holidays, it has been difficult for Defendant’s counsel 3 Case 2:17-cv-01810-KJD-NJK Document 19 Filed 01/23/18 Page 4 of 6 1 to line up the appropriate individuals to discuss settlement authority. The parties believe it 2 prudent to extend the current discovery deadlines for thirty (30) days while they continue to 3 4 explore settlement in order to avoid having to retain experts and incur substantial litigation 5 costs. The parties expect to know very soon if the case can be resolved absent formal 6 mediation. 7 IV. 8 9 Proposed Schedule 1. days from the current deadline of April 9, 2018 to May 9, 2018. 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP 10 11 Close of Discovery. The parties agree that discovery shall be extended thirty (30) 2. 12 Interim Status Report. The parties shall file the interim status report required by LR 26-3 by March 9, 2018. The undersigned counsel certify that they have read 13 LR 26-3 and this date is not later than sixty (60) days before the proposed 14 discovery cut-off date. 15 16 3. 17 Experts. a. Initial Experts. The parties agree that the last day to file initial expert 18 19 disclosures shall be March 9, 2018, which is sixty-one (61) days before 20 the discovery cut-off date (60 days falls on a Saturday). 21 b. 22 expert disclosures shall be April 8, 2018, which is thirty-one (31) days 23 after the initial disclosure of experts (30 days falls on a Sunday). 24 25 26 27 28 Rebuttal Experts. The parties agree that the last day to file rebuttal 4. Dispositive Motions. The parties agree that the last day to file dispositive motions shall be June 8, 2018, which is thirty (30) days after the discovery cutoff. 4 Case 2:17-cv-01810-KJD-NJK Document 19 Filed 01/23/18 Page 5 of 6 1 5. 2 Pre-Trial Order. The Joint Pre-Trial Order shall be filed by July 9, 2018, which is thirty-one (31) days after the date set for filing the dispositive motions (30 days 3 falls on a Saturday). In the event dispositive motions are filed, the date for filing 4 5 the Joint Pre-Trial Order shall be suspended until thirty (30) days after a decision 6 of the dispositive motions or further order of the court. 7 8 9 The parties believe that the thirty (30) day extension of the deadlines in discovery is necessary and appropriate to provide sufficient time for both sides to explore settlement and, if necessary, complete discovery in this case and that good cause is demonstrated by the current 11 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP 10 and ongoing settlement discussions, as well as the need for both parties to retain experts and 12 /// 13 14 /// 15 /// 16 /// 17 /// 18 19 /// 20 /// 21 /// 22 23 /// 24 /// 25 /// 26 /// 27 28 /// 5 Case 2:17-cv-01810-KJD-NJK Document 19 Filed 01/23/18 Page 6 of 6 1 to conduct depositions, and any additional discovery necessary to prove the parties’ claims and 2 defenses should settlement talks fail. 3 4 5 6 7 AGREED AND ACCEPTED: DATED THIS 23rd day of January, 2018. DATED THIS 23rd day of January, 2018. KEATING SANTORO WHITMIRE LAW GROUP 8 9 11 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP 10 12 13 By: _/s/JASON D. SMITH_______ __________ JASON D. SMITH, ESQ. Nevada Bar No.: 9691 10100 West Charleston Blvd., Ste. 250 Las Vegas NV 89135 Attorneys for Plaintiff By: __/s/JOHN T. KEATING________ JOHN T. KEATING, ESQ. Nevada Bar No.: 6373 9130 W. Russell Road, Ste. 200 Las Vegas NV 89148 Attorney for Defendant John De Vries Progressive Direct Insurance Company 14 15 16 IT IS SO ORDERED: 17 18 19 20 21 UNITED STATES MAGISTGRATE JUDGE January 24, 2018 DATED: CASE NO.: 2:17-cv-01810 22 23 24 25 26 27 28 6