Peeler v. State Farm Mutual Automobile Insurance Company, No. 2:2017cv02735 - Document 118 (D. Nev. 2021)
Court Description: ORDER Granting in Part 116 Stipulation - The request to extend the discovery deadlines sixty days is GRANTED. The parties' additional request within the stipulation to set hearings on the pending motions is GRANTED ONLY as it relates to the 95 motion to compel, the 97 motion for sanctions, the 104 motion for protective order, and the 105 motion to quash. The hearing will be set by separate order. Discovery due by 1/3/2022. Motions due by 2/4/2022. Proposed Joint Pretrial Order due by 3/4/2022. Signed by Magistrate Judge Daniel J. Albregts on 10/28/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Peeler v. State Farm Mutual Automobile Insurance Company Doc. 118 Case 2:17-cv-02735-JAD-DJA Document 116 Filed 10/14/21 Page 1 of 6 1 2 3 4 5 6 JAMES E. HARPER Nevada Bar No. 9822 SABRINA G. WIBICKI Nevada Bar No. 10669 HARPER | SELIM 1935 Village Center Circle Las Vegas, Nevada 89134 Phone: (702) 948-9240 Fax: (702) 778-6600 Email: eservice@harperselim.com Attorneys for Defendant 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 MACIE PEELER, STIPULATION AND ORDER TO EXTEND DISCOVERY CUTOFF DEADLINE (Fifth Request) 11 vs. 12 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; DOES 1 through 10; XYZ CORPORATIONS 11 THROUGH 20; and ABC LIMITED LIABILITY COMPANIES 21 through 30, 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 2:17-cv-02735-JAD-DJA Plaintiff, 10 13 CASE NO.: Pursuant to Fed. R. Civ. P. 6, Fed. R. Civ. P. 26, LR 26-1, and LR 26-4, Plaintiff, MACIE PEELER (“Plaintiff”), by and through her counsel of record, NETTLES | MORRIS and MATTHEW L. SHARP, LTD., and Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (“Defendant”), by and through its counsel of record, HARPER | SELIM, (collectively, “the Parties”) hereby stipulate and agree to a sixty (60) day continuance of the close of discovery deadline. /// /// /// /// /// 27 1 Dockets.Justia.com Case 2:17-cv-02735-JAD-DJA Document 116 Filed 10/14/21 Page 2 of 6 1 I. STATEMENT OF DISCOVERY COMPLETED 2 1. The parties participated in the Fed. R. Civ. P 26(f) conference on January 2, 2018. 3 2. Plaintiff served her FRCP 26(A) Initial List of Witness and Documents on January 9, 3. Plaintiff served her First Supplement to FRCP 26(A) Initial List of Witness and 4 2018. 5 6 Documents on March 8, 2018. 7 4. Defendant served its Rule 26.1(a)(1) Initial Disclosure on March 9, 2018. 8 5. Defendant served its Designation of Expert Witness on April 16, 2018. 9 6. Discovery in this case was then stayed on July 25, 2019. ECF 46 at 5:10-11. 10 7. On August 6, 2020, the Court re-set the discovery deadlines in this case. ECF 80. 11 8. Defendant served its Amended Rule 26.1(a)(1) Initial Disclosure on August 18, 2020. 12 9. Plaintiff propounded her First Set of Interrogatories, Requests for Production of 13 Documents and Requests for Admission to Defendant on October 27, 2020. 10. 14 15 for Production of Documents and Requests for Admission on December 31, 2020. 11. 16 17 12. 13. 14. 15. Defendant served its Amended Responses to Plaintiff’s Second Set of Requests for Production of Documents on May 7, 2021. 16. 26 27 Defendant served its Responses to Plaintiff’s Third Set of Requests for Production of Documents on February 22, 2021. 24 25 Plaintiff propounded her Third Set of Requests for Production of Documents to Defendant on January 20, 2021. 22 23 Defendant served its Responses to Plaintiff’s Second Set of Requests for Production of Documents on December 31, 2020. 20 21 Plaintiff served her Second Set of Requests for Production of Documents to Defendant on December 3, 2020. 18 19 Defendant served its Responses to Plaintiff’s First Set of Interrogatories, Requests Defendant served its First Supplemental Designation of Expert Witness on July 12, 2021. 2 Case 2:17-cv-02735-JAD-DJA Document 116 Filed 10/14/21 Page 3 of 6 1 17. Plaintiff served her Initial Expert Disclosures on July 12, 2021. 2 18. Defendant propounded its First Set of Interrogatories, Requests for Production of 3 Documents, and Requests for Admissions to Plaintiff on July 16, 2021. 19. 4 5 Defendant served its Amended Responses to Plaintiff’s Second Set of Requests for Production of Documents on July 21, 2021. 20. 6 On July 21, 2021, Defendant served Notices of Taking Deposition of Person Most 7 Knowledgeable and/or Custodian of Records of Plaintiff’s medical providers re: billing and liens, 8 including: Centennial Hills Hospital; Chiropractic Healing; David Ross, M.D.; Desert Radiology; 9 HealthCare Partners/Intermountain Healthcare; Henderson Hospital; Interventional Pain and Spine 10 Care; Las Vegas Radiology; Neuromonitoring & Monitoring; Nevada Orthopedic and Spine; Nevada 11 Spine Clinic; PBS Anesthesia; Shadow Emergency Physicians; Smoke Ranch Surgery Center; 12 Surgical Arts Center; and US Anesthesia. 13 21. The deposition of Amy Scribner was taken on July 22, 2021. 14 22. The deposition of Anna Hasenpflug was taken on July 23, 2021. 15 23. The deposition of Defendant’s 30(b)(6) witness, Jason Snyder, was taken on July 23, 24. Plaintiff propounded her Fourth Set of Requests for Production of Documents to 16 17 18 19 20 21 22 2021. Defendant on July 23, 2021. 25. Defendant propounded its First Set of Interrogatories, Requests for Production of Documents, and Requests for Admissions to Plaintiff on July 27, 2021. 26. Defendant served its Second Supplemental Designation of Expert Witnesses an Rebuttal to Plaintiff’s Expert Witnesses on August 9, 2021. 23 27. Plaintiff served her Rebuttal Expert Disclosures on August 9, 2021. 24 28. Plaintiff served her Second Supplement to FRCP 26(A) Initial List of Witness and 25 26 27 Documents on August 9, 2021. 29. Defendant served its Responses to Plaintiff’s Fourth Set of Requests for Production of Documents on August 25, 2021. 3 Case 2:17-cv-02735-JAD-DJA Document 116 Filed 10/14/21 Page 4 of 6 30. 1 2 Requests for Production of Documents on September 1, 2021. 31. 3 4 32. Plaintiff served her Third Supplement to FRCP 26(A) Initial List of Witness and Documents on September 3, 2021. 33. 7 8 Plaintiff served her Answers/Responses to Defendant’s Second Set of Interrogatories, Requests for Production of Documents on September 1, 2021. 5 6 Plaintiff served her Answers/Responses to Defendant’s First Set of Interrogatories, Plaintiff served her Fourth Supplement to FRCP 26(A) Initial List of Witness and Documents on September 13, 2021. 34. 9 10 2021. 11 II. Plaintiff server her First Supplement to Initial Expert Disclosures on September 13, DESCRIPTION OF REMAINING DISCOVERY TO BE COMPLETED 12 1. 13 October 19, 2021 14 2. Deposition of Plaintiff, Macie, Peeler, as previously noticed for October 25, 2021 3. Deposition of Plaintiff’s expert, Frederick C. Berry, Jr., as previously noticed for 15 Deposition of Plaintiff’s expert, Scott Glogovac, Esq., as previously noticed for 16 17 October 26, 2021 4. 18 Deposition of Defendant’s expert, Michael Seiff, M.D., requested and his office 19 reports that he is not available until late December or early January 2022. 20 III. 21 REASONS WHY DISCOVERY SHOULD BE EXTENDED Plaintiff and Defendant have been diligently pursuing discovery in this matter, including 22 serving disclosures, serving/answering written discovery, noticing/conducting depositions, and 23 disclosing experts and reports. However, the parties concur that additional time is warranted given 24 the several issues that have arisen that were brought to the Court’s attention via motion and are still 25 pending decisions, all of which would affect the remaining discovery to be completed. 26 Specifically pending before the Court are the following motions: 27 4 Case 2:17-cv-02735-JAD-DJA Document 116 Filed 10/14/21 Page 5 of 6 1. 1 Plaintiff’s Motion to Compel Production of Defendant’s Unredacted Insurance Claims File, and Motion for Sanctions (ECF 97); 2 2. 3 State Farm Mutual Automobile Insurance Company’s Objection to Plaintiff’s 4 Subpoenas Duces Tecum, Motion to Quash and/or Motion for Protective Order (ECF 5 104 and 105); and 3. 6 State Farm Mutual Automobile Insurance Company’s Motion for Reinstatement of 7 Stay Pending Resolution of State Court Action On Order Shortening Time (ECR 8 108). 9 The decisions on these motions will affect (1) whether any discovery should be proceeding in this 10 action while the underlying related action proceeds in state court, and (2) if so, the scope of the 11 remaining witnesses’ testimony. 12 In addition to a request to extend discovery, Plaintiff and Defendant request a hearing on the 13 pending motions so they can obtain rulings on the outstanding issues. The request is consistent with 14 Fed. R. Civ. P. 1 because the court orders will impact future discovery and the parties may avoid 15 unnecessary expenses while being able to efficiently conduct discovery and mitigating the likelihood 16 of future motions regarding discovery. Given the state of the case, the Parties have agreed to extend the current discovery deadlines 17 18 for sixty (60) days and would request that this Court, if possible, set hearings to address the 19 outstanding motions. The Parties anticipate approximately one (1) hour of court time to resolve the 20 motions. 21 IV. 22 PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY Plaintiff and Defendant have agreed to extend the current discovery deadline herein for sixty 23 (60) days to complete the remaining discovery as outlined above. If approved, the new discovery 24 deadlines would be modified as follows: 25 26 27 Task Close of Discovery Dispositive Motions Joint Pre-Trial Order Current Deadline November 4, 2021 December 6, 2021 January 5, 2022 5 Proposed Deadline January 3, 2022 February 2, 2022 March 4, 2022 Case 2:17-cv-02735-JAD-DJA Document 116 Filed 10/14/21 Page 6 of 6 1 IT IS SO STIPULATED AND AGREED. 2 3 DATED this 14th day of October, 2021. DATED this 14th day of October, 2021. 4 NETTLES | MORRIS HARPER | SELIM / s / Matthew L. Sharp / s / Sabrina G. Wibicki ______________________________________ BRIAN D. NETTLES Nevada Bar No. 7462 CHRISTIAN M. MORRIS Nevada Bar No. 11218 RACHEAL A. ROSS Nevada Bar No. 14943 1389 Galleria Drive, Suite 200 Henderson, NV 89014 _______________________________________ JAMES E. HARPER Nevada Bar No. 9822 SABRINA G. WIBICKI Nevada Bar No. 10669 1935 Village Center Circle Las Vegas, Nevada 89134 Attorneys for Defendant 5 6 7 8 9 10 11 12 13 14 MATTHEW L. SHARP Nevada Bar No. 4746 432 Ridge Street Reno, NV 89501 Attorneys for Plaintiff 15 ORDER 16 The parties' Stipulation to Extend Discovery Cutoff Deadline is granted in part and IT IS SO ORDERED. denied in part. The request to extend the discovery deadlines sixty days is GRANTED. The parties' additional request within the stipulation to set hearings on the pending motions is GRANTED ONLY as it relates to the______________________________________ motion to compel (ECF No. 95), the motion for sanctions (ECF No. 97), the motion for protective order (ECF No. 104), and the motion to quash (ECF No. 105). The hearing will be set by separate order. 17 18 19 20 21 22 IT IS SO ORDERED. DATED: October 28, 2021 23 DATED: October 27, 2021 24 _______________________________________ UNITED MAGISTRATE JUDGE DANIEL J.STATES ALBREGTS 25 UNITED STATES MAGISTRATE JUDGE 26 27 6
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