Centex Homes v. Financial Pacific Insurance Company et al, No. 2:2019cv01284 - Document 126 (D. Nev. 2020)
Court Description: ORDER granting 125 Stipulation to Extend Discovery Deadlines. Discovery due by 2/15/2021. Motions due by 3/17/2021. Proposed Joint Pretrial Order due by 4/16/2021. Signed by Magistrate Judge Cam Ferenbach on 9/25/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Centex Homes v. Financial Pacific Insurance Company et al Doc. 126 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 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 10 Case No.: 2:19-cv-01284-JCM-VCF 11 CENTEX HOMES, a Nevada general partnership, 12 Plaintiff, STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES 13 14 15 16 17 18 19 20 21 22 23 24 25 v. FINANCIAL PACIFIC INSURANCE COMPANY, a California corporation; EVEREST NATIONAL INSURANCE COMPANY, a Delaware corporation; ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a Connecticut corporation; ARCH SPECIALTY INSURANCE COMPANY, a Nebraska corporation; INTERSTATE FIRE & CASUALTY COMPANY, an Illinois corporation; LEXINGTON INSURANCE COMPANY, a Delaware corporation; NAVIGATORS SPECIALTY INSURANCE COMPANY, a New York corporation; FEDERAL INSURANCE COMPANY, an Indiana corporation; FIRST MERCURY INSURANCE COMPANY, an Illinois corporation; FIRST SPECIALTY INSURANCE CORPORATION, a Missouri corporation; and AXIS SURPLUS INSURANCE COMPANY, an Illinois corporation, (First Request) 26 Defendants. 27 28 Case No.: 2:19-cv-01284-JCM-VCF -1STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES Dockets.Justia.com 1 Plaintiff Centex Homes (“Centex”) and Defendants Financial Pacific Insurance Company 2 (“Financial Pacific”), Everest National Insurance Company (“Everest”), St. Paul Fire & Marine 3 Insurance Company (“St. Paul”), Arch Specialty Insurance Company (“Arch”), Interstate Fire & 4 Casualty Company (“Interstate”), Lexington Insurance Company (“Lexington”), Navigators 5 Specialty Insurance Company (“Navigators”), First Mercury Insurance Company (“First 6 Mercury”), First Specialty Insurance Corporation (“First Specialty”), and Axis Surplus Insurance 7 Company (“Axis”, and together with Financial Pacific, Everest, St. Paul, Arch, Interstate, 8 Lexington, Navigators, First Mercury, and First Specialty, the “Defendants”), 1 by and through 9 their respective counsel of record, hereby stipulate to extend certain deadlines within the 11 26-4. (ECF No. 57). This is the first 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 Scheduling Order entered by this Court on December 26, 2019 by sixty (60) days pursuant to LR 12 Centex and Defendants (together, the “Parties”) require additional time for discovery 13 because they have made significant progress towards settlement since their mediation on April 30, 14 2020. The Parties want to continue to try to resolve the case informally without incurring expert 15 costs. Centex has settled with Financial Pacific, Arch, First Specialty, and Federal and has had 16 meaningful settlement negotiations with the remaining defendants. The Parties’ expert reports are 17 due on October 16, 2020; however, the Parties do not want to expend resources that could be used 18 for settlement on preparing expert reports. 19 Good cause exists for the requested extension. The Parties have been diligent in 20 performing discovery; however, the Parties seek an extension to avoid expending the significant 21 costs associated with expert reports. This Stipulation is submitted more than twenty-one (21) days 22 before the expiration of the first deadline that Parties stipulate to continue: The expert disclosure 23 deadline, which is currently October 16, 2020. 24 1. Discovery That Has Been Completed 25 The Parties have completed the following discovery: • 26 Arch made its initial disclosures on December 23, 2019; 27 1 28 Federal Insurance Company has been dismissed from this action. (ECF No. 79). -2- Case No.: 2:19-cv-01284-JCM-VCF 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 23 24 25 26 27 28 • • • • • • • • • • • • • • • • • • St. Paul served requests for production on Centex on December 26, 2019; Everest, Lexington, and Navigators made their initial disclosures on January 13, 2020; Centex and Financial Pacific made their initial disclosures on January 14, 2020; Centex responded to St. Paul’s requests for production on January 20, 2020; Interstate served requests for production and interrogatories on Centex on March 6, 2020; Centex served requests for admission, requests for production, and interrogatories on Everest and on St. Paul on April 2, 2020; Centex served requests for admission, requests for production, and interrogatories on First Mercury and on Interstate on April 6, 2020; Centex served requests for admission, requests for production, and interrogatories on Navigators on April 7, 2020; Centex supplemented its initial disclosures on April 22, 2020 and April 23, 2020; First Specialty served its first set of requests for production and interrogatories on Centex date May 5, 2020; Everest served requests for production on Lexington on May 5, 2020; Navigators responded to Centex’s requests for admission, requests for production, and interrogatories on May 7, 2020; Centex served requests for admission, requests for production, and interrogatories on Financial Pacific, on Lexington and on First Specialty on May 8, 2020; Everest served requests for production on Navigators on May 12, 2020; Financial Pacific responded to Centex’s requests for admission, requests for production, and interrogatories on June 5, 2020; First Mercury responded to Centex’s requests for admission, requests for production, and interrogatories on June 10, 2020; Everest responded to Centex’s requests for admission, requests for production, and interrogatories on June 12, 2020; Navigators responded to Everest’s requests for production on June 15, 2020; -3- Case No.: 2:19-cv-01284-JCM-VCF 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 • • • • • • • • • • Everest served requests for admission, requests for production, and interrogatories on Centex on June 29, 2020; Everest served requests for production and interrogatories on Axis on June 30, 2020; Lexington responded to Everest’s requests for production on July 8, 2020; First Specialty responded to Centex’s requests for admission, requests for production, and interrogatories on July 10, 2020; Centex served requests for admission, requests for production, and interrogatories on Axis on July 13, 2020; Centex responded to First Specialty’s first set of requests for production and interrogatories on July 20, 2020; First Specialty served its first set of requests for admissions and second set of interrogatories on Centex on August 3, 2020; Centex responded to Interstate’s requests for production and interrogatories on August 5, 2020; Centex responded to Everest’s requests for admission, requests for production, and interrogatories on August 12, 2020; Interstate responded to Centex’s requests for admission, requests for production, and interrogatories on August 17, 2020; 19 • 20 2. Discovery That Remains to be Completed 21 If the case is not resolved, the Parties must complete the following discovery: 22 23 24 25 26 27 28 • • • • Axis made its initial disclosures on September 1, 2020; and The Parties will disclose expert witnesses and produce expert reports and possibly rebuttal reports to any expert report produced by other Parties; Defendants will take the depositions of Rule 30(b)(6) witnesses, other percipient witnesses, and the 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; -4- Case No.: 2:19-cv-01284-JCM-VCF 1 2 • Centex will take the depositions of any and all claim adjusters identified by any of the Defendants; and 3 • 4 3. 5 Discovery has not been completed because the Parties have been attempting to settle the Centex will take the depositions of experts disclosed by the Defendants. Reasons Why Remaining Discovery Was Not Completed 6 case. The Parties participated in a mediation on April 30, 2020, and made substantial progress 7 towards resolving the case by continuing their work with the mediator and communicating 8 directly. Centex has settled with four defendants (Financial Pacific, Arch, First Specialty, and 9 Federal) and continues to have meaningful negotiations with the remaining Defendants. The 11 incurring additional costs that may delay resolution. ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 10 Parties’ time, attention, and resources would be better spent focusing on settlement rather than 12 4. 13 The Parties hereby stipulate to the following schedule for completing all remaining Proposed Schedule for Completing All Remaining Discovery 14 discovery: 15 Discovery Cut-Off Date. 16 The amended discovery cut-off date is February 15, 2021. 17 Fed. R. Civ. P. 26(a)(2) Disclosure (Experts). 18 Disclosures identifying experts and final expert reports shall be made by December 17, 19 2020. This is 60 days before the discovery cut-off date. Rebuttal expert disclosures shall be made 20 by January 18, 2021, which is the next business day after 30 days from the initial disclosure of 21 experts. 22 Dispositive Motions. 23 The parties shall have until March 17, 2021 to file dispositive motions, which is 30 days 24 after the close of discovery. 25 Joint Pretrial Order. 26 The Joint Pretrial Order shall be filed no later than April 16, 2021, which is thirty (30) 27 days after the date set for the filing of dispositive motions. In the event dispositive motions are 28 filed, the date for filing the Joint Pretrial Order shall be suspended until thirty (30) days after -5- Case No.: 2:19-cv-01284-JCM-VCF 1 decision on the dispositive motions or by further order of the Court. 2 3 Dated: September 25, 2020 Dated: September 25, 2020 4 PAYNE & FEARS LLP MORALES, FIERRO & REEVES 5 By: By: 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 Attorney for Defendant ST. PAUL FIRE & MARINE INSURANCE COMPANY Dated: September 25, 2020 Dated: September 25, 2020 YARON & ASSOCIATES CARMAN COONEY FORBUSH PLLC By: By: /s/ Benjamin Carman Benjamin Carman, Esq. 4045 Spencer Street, Ste. A47 Las Vegas, NV 89119 Telephone: (702) 421-0111 14 16 17 18 19 20 21 22 23 /s/ William C. Reeves William C. Reeves, Esq. 600 S. Tonopah Drive, Ste. 300 Las Vegas, NV 89106 Telephone: (702) 699-7822 Attorneys for Plaintiff CENTEX HOMES 13 15 /s/ Sarah J. Odia Scott S. Thomas, Esq. Sarah J. Odia, Esq. 6385 S. Rainbow Blvd., Ste. 220 Las Vegas, NV 89118 Telephone: (702) 851-0300 /s/ George Yaron George Yaron, Esq. 1300 Clay Street, Ste. 800 Oakland, CA 94612 Telephone: (415) 658-2929 Attorney for Defendant FINANCIAL PACIFIC INSURANCE COMPANY Attorney for Defendant INTERSTATE FIRE & CASUALTY COMPANY Dated: September 25, 2020 Dated: September 25, 2020 SELMAN BREITMAN LLP GRAD LAW FIRM By: By: /s/ David Astengo David Astengo, Esq. 33 New Montgomery, Sixth Floor San Francisco, CA 94105-4537 Telephone: (415) 979-0400 Attorney for Defendant EVEREST NATIONAL INSURANCE COMPANY /s/ Laleaque Grad Laleaque Grad, Esq. 9988 Hibert Street, Suite 202 San Diego, California 92131 Telephone: (858) 271-8830 Attorney for Defendant FIRST SPECIALTY INSURANCE CORPORATION (Signatures continued on next page) 24 25 26 27 28 -6- Case No.: 2:19-cv-01284-JCM-VCF 1 Dated: September 25, 2020 Dated: September 25, 2020 2 SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC MCCLOSKEY, WARING, WAISMAN & DRURY LLP By: /s/ John Meno Randolph P. Sinnott, Esq. John Meno, Esq. 550 S. Hope Street, Ste. 2350 Los Angeles, CA 90071-2618 Telephone: (213) 996-4200 By: Attorney for Defendant FIRST MERCURY INSURANCE COMPANY Attorney for Defendant NAVIGATORS SPECIALTY INSURANCE CORPORATION Dated: September 25, 2020 Dated: September 25, 2020 10 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER COZEN O’CONNOR 11 By: By: 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 12 13 14 /s/ John H. Podesta John H. Podesta, Esq. 525 Market Street, 17th Floor San Francisco, CA 94105-2725 Telephone: (415) 433-0990 Attorney for Defendant ARCH SPECIALTY INSURANCE COMPANY 15 16 /s/ Andrew McCloskey Andrew McCloskey, Esq. 12671 High Bluff Drive, Ste. 350 San Diego, CA 92130 Telephone: (619) 237-3095 /s/ Michael W. Melendez Michael W. Melendez, Esq. 101 Montgomery Street, Suite 1400 San Francisco, CA 94104 Telephone: (415) 593-9610 Attorney for Defendant AXIS SURPLUS INSURANCE COMPANY (Signatures continued on next page) 17 18 19 20 21 22 23 24 25 26 27 28 -7- Case No.: 2:19-cv-01284-JCM-VCF Case 2:19-cv-01284-JCM-VCF Document 125 Filed 09/25/20 Page 8 of 8 1 Dated: September 25, 2020 2 HEROLD & SAGER 3 By: /s/ Andrew D. Herold Andrew D. Herold, Esq. 3960 Howard Hughes Pkwy., Ste. 500 Las Vegas, NV 89169 Telephone: (702) 990-3624 4 5 6 7 Attorney for Defendant LEXINGTON INSURANCE COMPANY 8 9 11 ATTORNEYS AT LAW 6385 S. RAINBOW BLVD, SUITE 220 LAS VEGAS, NEVADA 89118 (702) 851-0300 PAYNE & FEARS LLP 10 12 ORDER IT IS SO ORDERED. 9-25-2020 DATED: _______________________________ 13 14 15 _______________________________________ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 -8- Case No.: 2:19-cv-01284-JCM-VCF
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