Centex Homes v. Financial Pacific Insurance Company et al, No. 2:2019cv01034 - Document 77 (D. Nev. 2020)
Court Description: ORDER granting 76 Stipulation to Extend Discovery Deadlines (Second Request). Discovery due by 2/12/2021. Motions due by 3/15/2021. Proposed Joint Pretrial Order due by 4/14/2021. Signed by Magistrate Judge Daniel J. Albregts on 9/25/2020. (Copies have been distributed pursuant to the NEF - DRS)
Download PDF
<![CDATA[
Centex Homes v. Financial Pacific Insurance Company et al Doc. 77 Case 2:19-cv-01034-JCM-DJA Document 76 Filed 09/24/20 Page 1 of 7 1 Scott S. Thomas, NV Bar No. 7937 sst@paynefears.com 2 Sarah J. Odia, NV Bar No. 11053 sjo@paynefears.com 3 Hilary Williams, NV Bar No. 14645 haw@paynefears.com 4 PAYNE & FEARS LLP 6385 S. Rainbow Blvd., Suite 220 5 Las Vegas, Nevada 89118 Telephone: (702) 851-0300 6 Facsimile: (702) 851-0315 7 Attorneys for CENTEX HOMES 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 8 CENTEX HOMES, a Nevada general partnership, Case No.: 2:19-cv-01034-JCM-DJA 12 Plaintiff, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 v. FINANCIAL PACIFIC INSURANCE COMPANY, a California corporation; FIRST SPECIALTY INSURANCE CORPORATION, a Missouri corporation GREENWICH INSURANCE COMPANY, a Connecticut corporation; INTERSTATE FIRE & CASUALTY COMPANY, an Illinois corporation; LEXINGTON INSURANCE COMPANY, a Delaware corporation; NAVIGATORS SPECIALTY INSURANCE COMPANY, a New York corporation; SCOTTSDALE INDEMNITY COMPANY, an Ohio corporation; ST. PAUL FIRE & MARINE INSURANCE COMPANY, a Connecticut corporation; NATIONAL FIRE & MARINE INSURANCE COMPANY, a Nebraska corporation; IRONSHORE SPECIALTY INSURANCE COMPANY, an Arizona corporation; and ZURICH AMERICAN INSURANCE COMPANY, a New York corporation, STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES (Second Request) Defendants. 28 Case No. 2:19-cv-01034-JCM-DJA -1STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES Dockets.Justia.com Case 2:19-cv-01034-JCM-DJA Document 76 Filed 09/24/20 Page 2 of 7 1 Plaintiff Centex Homes (“Centex”) and Defendants Financial Pacific Insurance Company 2 (“Financial Pacific”), First Specialty Insurance Corporation (“First Specialty”), Greenwich 3 Insurance Company (“Greenwich”), Interstate Fire & Casualty Company (“Interstate”), Lexington 4 Insurance Company (“Lexington”), Navigators Specialty Insurance Company (“Navigators”), 5 Scottsdale Indemnity Company (“Scottsdale”), St. Paul Fire & Marine Insurance Company (“St. 6 Paul”), Ironshore Specialty Insurance Company (“Ironshore”), and Zurich American Insurance 7 Company (“Zurich” and together with Financial Pacific, First Specialty, Greenwich, Interstate, 8 Lexington, Navigators, Scottsdale, St. Paul, and Ironshore, the “Defendants”), 1 by and through 9 their respective counsel of record, hereby stipulate to extend certain deadlines within the Order 11 is the second stipulation to extend discovery deadlines. ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 10 entered by this Court on July 27, 2020 by sixty (60) days pursuant to LR 26-4. (ECF No. 68). This 12 Centex and Defendants (together, the “Parties”) require additional time for discovery 13 because they have made significant progress towards settlement since their last extension request 14 on July 24, 2020. The Parties want to continue to try to resolve the case informally without 15 incurring expert costs. To date, Centex has settled with over half of the Defendants (namely, 16 National Fire & Marine Insurance Company, Interstate, Greenwich, Ironshore, Zurich, Scottsdale, 17 First Specialty and Lexington) and is working to finalize those settlement agreements. In addition, 18 Centex has had meaningful settlement negotiations with the remaining defendants. The Parties’ 19 expert reports are due on October 15, 2020; however, the Parties do not want to expend resources 20 that could be used for settlement on preparing expert reports in light of the progress they have 21 made with regard to settlement negotiations. 22 Good cause exists for the requested extension. The Parties have been diligent both in 23 performing discovery and in their settlement efforts. The Parties seek an extension to avoid 24 expending the significant costs associated with expert reports while the parties continue to try to 25 settle this case. This Stipulation is submitted more than twenty-one (21) days before the expiration 26 of the first deadline that parties stipulate to continue: The expert disclosure deadline, which is 27 1 National Fire & Marine Insurance Company and Interstate Fire & Casualty Company were both 28 dismissed from the case. (ECF No. 67 and No. 74 respectively) -2- Case No. 2:19-cv-01034-JCM-DJA Case 2:19-cv-01034-JCM-DJA Document 76 Filed 09/24/20 Page 3 of 7 1 currently October 15, 2020. 2 1. Discovery That Has Been Completed 3 The Parties have completed the following discovery: 4 5 6 7 8 9 11 ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • • • • • • • • • • • • • • • • National Fire served its initial disclosures on October 29, 2019; Centex, Financial Pacific, First Specialty, and Lexington served initial disclosures on October 30, 2019; St. Paul served requests for production on Centex dated October 30, 2019; St. Paul served its initial disclosures on October 31, 2019; Greenwich served its initial disclosures on November 8, 2019; Ironshore served its initial disclosures on November 14, 2019; Centex served its responses to St. Paul’s requests for production on January 15, 2020; Navigators provided its initial disclosures on February 18, 2020; Centex served requests for admission, requests for production and interrogatories on Financial Pacific, First Specialty, National Fire, and Navigators on March 3, 2020; Centex served Lexington with requests for admission, requests for production, and interrogatories on March 4, 2020; Centex served requests for admission, requests for production and interrogatories on Greenwich and St. Paul on March 6, 2020; Centex served requests for admission, requests for production and interrogatories on Ironshore on March 11, 2020; Centex served requests for production on Scottsdale and requests for admission, requests for production and interrogatories on Zurich on March 25, 2020; First Specialty responded to Centex’s requests for admission, requests for production and interrogatories on April 1, 2020; St. Paul and Greenwich responded to Centex’s requests for admission, requests for production and interrogatories to each of them on April 7, 2020; Zurich served its initial disclosures on April 22, 2020; Centex served its first supplemental disclosures on April 23, 2020; -3- Case No. 2:19-cv-01034-JCM-DJA Case 2:19-cv-01034-JCM-DJA Document 76 Filed 09/24/20 Page 4 of 7 1 2 3 4 5 6 7 8 9 11 ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 10 12 13 14 15 16 17 18 19 20 21 22 • • • • • • • • • • • • • • Financial Pacific responded to Centex’s requests for admission, requests for production and interrogatories on May 4, 2020; Navigators supplemented its initial disclosures on May 12, 2020; Centex served a second set of requests for production on Navigators on May 12, 2020; Financial Pacific served requests for admission, requests for production and interrogatories on Centex on May 28, 2020; Ironshore served requests for admission, requests for production and interrogatories on Centex on May 29, 2020; Navigators responded to Centex’s second set of requests for production on June 9, 2020; Zurich responded to Centex’s requests for admission, requests for production and interrogatories on June 16, 2020; Centex responded to Financial Pacific’s requests for admission, requests for production and interrogatories on June 29, 2020; Centex served its second supplemental disclosure on June 29, 2020; Navigators served requests for admission, requests for production and interrogatories on Centex on July 13, 2020; Navigators responded to Centex’s requests for admission and requests for production on July 13, 2020; Zurich produced additional documents on July 23, 2020; Scottsdale made its initial disclosures on July 29, 2020; and Centex served Financial Pacific and First Specialty with a second set of requests for production on August 10, 2020. 23 24 2. Discovery That Remains to be Completed 25 If the case is not resolved, the Parties must complete the following discovery: 26 27 28 • • The Parties will disclose expert witnesses and produce expert reports and possibly rebuttal reports to any expert report produced by other parties; Defendants will serve written discovery and follow-up written discovery, including -4- Case No. 2:19-cv-01034-JCM-DJA Case 2:19-cv-01034-JCM-DJA Document 76 Filed 09/24/20 Page 5 of 7 1 Interrogatories, Requests for Production and Requests for Admissions on Centex and 2 one another; 3 4 5 6 7 8 ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 9 • • • • Defendants will take the depositions of Rule 30(b)(6) witnesses, other percipient witnesses, and expert witnesses of Centex and each other; The Parties will respond to the outstanding written discovery requests and issue any appropriate further written discovery; Centex will take the depositions of the Rule 30(b)(6) witnesses for all Defendants; Centex will take the depositions of any and all claim adjusters identified by any of the Defendants; and 10 • 11 3. 12 Discovery has not been completed because the Parties have been trying to resolve the case. Centex will take the depositions of experts disclosed by the Defendants. Reasons Why Remaining Discovery Was Not Completed 13 The Parties have made substantial progress towards resolving the case after completing mediation 14 and since the last discovery extension. The Parties’ time, attention, and resources would be better 15 spent focusing on settlement rather than incurring additional expert costs that may delay 16 resolution. 17 4. 18 The Parties hereby stipulate to the following schedule for completing all remaining Proposed Schedule for Completing All Remaining Discovery 19 discovery: 20 Discovery Cut-Off Date. 21 The amended discovery cut-off date is February 12, 2021. 22 Fed. R. Civ. P. 26(a)(2) Disclosure (Experts). 23 Disclosures identifying experts and final expert reports shall be made by December 14, 24 2020. This is 60 days before the discovery cut-off date. Rebuttal expert disclosures shall be made 25 by January 13, 2021, which is 30 days from the initial disclosure of experts. 26 Dispositive Motions. 27 The parties shall have until March 15, 2021 to file dispositive motions, which is the next 28 business day after 30 days from the close of discovery. -5- Case No. 2:19-cv-01034-JCM-DJA Case 2:19-cv-01034-JCM-DJA Document 76 Filed 09/24/20 Page 6 of 7 1 Joint Pretrial Order. 2 The Joint Pretrial Order shall be filed no later than April 14, 2021, which is thirty (30) 3 days after the date set for the filing of dispositive motions. In the event dispositive motions are 4 filed, the date for filing the Joint Pretrial Order shall be suspended until thirty (30) days after 5 decision on the dispositive motions or by further order of the Court. 6 Dated: September 24, 2020 Dated: September 24, 2020 7 PAYNE & FEARS LLP BARRETT & MATURA, P.C. 8 By: By: 9 11 ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 10 /s/ Sarah J. Odia Scott S. Thomas, Esq. Sarah J. Odia, Esq. 6385 S. Rainbow Blvd., Suite 220 Las Vegas, NV 89118 Telephone: (702) 851-0300 /s/ Kevin C. Barrett Kevin C. Barrett, Esq. 7575 Vegas Drive, Suite 150C Las Vegas, NV 89128 Telephone: (702) 833-1033 Attorneys for Plaintiff CENTEX HOMES Attorney for Defendant NAVIGATORS SPECIALTY INSURANCE COMPANY Dated: September 24, 2020 Dated: September 24, 2020 14 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP YARON & ASSOCIATES 15 By: By: 12 13 16 17 18 /s/ Chad Butterfield Chad Butterfield, Esq. 300 South Fourth Street, 11th Floor Las Vegas, NV 89101 Telephone: (702) 727-1400 /s/ George Yaron George Yaron, Esq. 1300 Clay Street, Suite 800 Oakland, CA 94612 Telephone: (415) 658-2929 Attorney for Defendant GREENWICH INSURANCE COMPANY Attorney for Defendant FINANCIAL PACIFIC INSURANCE COMPANY Dated: September 24, 2020 Dated: September 24, 2020 21 LEWIS BRISBOIS BISGAARD & SMITH LLP GRAD LAW FIRM 22 By: By: 19 20 23 24 25 26 /s/ Priscilla L. O’Briant Robert Freeman, Jr., Esq. Priscilla Louise O’Briant, Esq. 6385 S. Rainbow Blvd., Suite 600 Las Vegas, NV 89118 Telephone: (702) 893-3383 Attorneys for Defendant SCOTTSDALE INDEMNITY GROUP /s/ Laleaque Grad Laleaque Grad, Esq. 8275 S. Eastern Avenue, Suite 200-352 Las Vegas, NV 89123 Telephone: (702) 990-8387 Attorney for Defendant FIRST SPECIALTY INSURANCE CORPORATION 27 28 (Signatures continued on the next page) -6- Case No. 2:19-cv-01034-JCM-DJA Case 2:19-cv-01034-JCM-DJA Document 76 Filed 09/24/20 Page 7 of 7 1 Dated: September 24, 2020 Dated: September 24, 2020 2 MORALES, FIERRO & REEVES NICOLAIDES FINK THORPE MICHAELIDES SULLIVAN, LLP By: By: 3 4 5 6 /s/ William C. Reeves William C. Reeves, Esq. 600 S. Tonopah Drive, Suite 300 Las Vegas, NV 89106 Telephone: (702) 699-7822 7 Attorney for Defendant ST. PAUL FIRE & MARINE INSURANCE COMPANY 8 Dated: September 24, 2020 9 MORALES, FIERRO & REEVES /s/ Jeff Labovitch Jeff Labovitch, Esq. 4365 Executive Drive, Suite 950 San Diego, CA 92121 Telephone: (858) 257-0700 Attorney for Defendant LEXINGTON INSURANCE COMPANY 11 ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 10 12 13 14 By: /s/ Ramiro Morales Ramiro Morales, Esq. 600 S. Tonopah Drive, Suite 300 Las Vegas, NV 89106 Telephone: (702) 699-7822 Attorney for Defendant ZURICH AMERICAN INSURANCE COMPANY 15 16 ORDER 17 18 IT IS SO ORDERED. September 25, 2020 19 DATED: _____________________ 20 21 22 _______________________________________ UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 -7- Case No. 2:19-cv-01034-JCM-DJA
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
