Platte River Insurance Company v. Liu et al, No. 2:2020cv00723 - Document 51 (D. Nev. 2021)
Court Description: ORDER granting 49 Stipulation (Fourth Request) - Discovery due by 10/4/2021. Motions due by 11/4/2021. Signed by Magistrate Judge Elayna J. Youchah on 8/2/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Platte River Insurance Company v. Liu et al Doc. 51 Case 2:20-cv-00723-GMN-EJY Document 51 Filed 08/02/21 Page 1 of 6 1 2 3 4 5 6 7 JASON M. WILEY, ESQ. Nevada Bar No. 9274 E. DANIEL KIDD, ESQ. Nevada Bar No. 10106 WILEY PETERSEN 1050 Indigo Drive Suite 200-B Las Vegas, Nevada 89145 Telephone: 702.910.3329 jwiley@wileypetersenlaw.com dkidd@wileypetersenlaw.com Attorneys for Yan Hong Liu d/b/a C&L Enterprise 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 PLATTE RIVER INSURANCE COMPANY, a Nebraska corporation, Plaintiff, 13 14 15 16 17 18 Case No.: 2:20-cv-00723-GMN-EJY STIPULATION AND ORDER FOR EXTENSION OF TIME FOR DISCOVERY v. YAN HONG LIU d/b/a C&L ENTERPRISE, a Nevada individual and sole proprietor; UFP DKY STORE 102, LLC, a Nevada limited liability company; BIG BIZ PRO, LLC, a Nevada limited liability company; DOES I-X; and ROE Corporations or Business Entities I-X, inclusive, (FOURTH REQUEST) Defendants. 19 20 21 YAN HONG LIU dba C&L ENTERPRISE, Counterclaimant, 22 23 v. 24 PLATTE RIVER INSURANCE COMPANY, a Nebraska corporation, and DOES 1-10, 25 26 Counterdefendants. 27 28 1 Dockets.Justia.com Case 2:20-cv-00723-GMN-EJY Document 51 Filed 08/02/21 Page 2 of 6 1 Pursuant to Local Rule IA 6-2, and Local Rules 7-1 and 26-3, Plaintiff/Counterdefendant, 2 Platte River Insurance Company (“Platte River”), by and through its counsel, Kurt C. Faux, Esq. of 3 the Faux Law Group, and Defendant/Counterclaimant, Yan Hong Liu dba C&L Enterprise (“C&L”), 4 by and through its counsel, Jason M. Wiley, Esq. and E. Daniel Kidd, Esq. of Wiley Petersen 5 (collectively referred to as the “Parties”), hereby submit the following Stipulation to Extend Discovery 6 Deadlines (Fourth Request) by approximately 30 days from those set forth in the Stipulation and Order 7 for Extension of Time for Discovery (Third Request) [Dkt #39]. This request to extend the discovery 8 deadlines is the Parties’ fourth request. 9 I. Background 10 On or about July 9, 2020, the Parties conducted a Rule 26(f) conference. On July 13, 2020, the 11 Parties submitted a Stipulated Discovery Plan & Scheduling Order (“Scheduling Order”), which has 12 been subsequently extended. The last stipulation and order extending discovery [Dkt# 39] set the 13 following deadlines: 14 Expert Disclosures July 5, 2021 15 Rebuttal Expert Disclosures August 3, 2021 16 Discovery Cut-Off September 3, 2021 17 Plaintiff served an initial disclosure of expert reports. Defendant has retained a rebuttal expert, 18 but Defendant’s expert needs additional time to finish the rebuttal report. 19 Stipulation, the Parties request an extension of time on the remaining deadlines by approximately 30 20 days. 21 II. Discovery Completed 22 23 Therefore, by this The Parties have completed the following discovery: 1. 24 The Parties conducted a Rule 26(f) conference on July 9, 2020. The Scheduling Order was entered by this Court on July 13, 2020. 25 2. Platte River provided its Initial Disclosures on or about July 6, 2020. 26 3. C&L provided its Initial Disclosures on or about July 23, 2020. 27 4. Platte River served a Subpoena to Testify at a Deposition in a Civil Action on Edward 28 Ciampa on or about September 4, 2020. Mr. Ciampa did not appear. 2 Case 2:20-cv-00723-GMN-EJY Document 51 Filed 08/02/21 Page 3 of 6 1 5. Platte River served a Subpoena – Custodian of Records for GGP Meadows Mall, LLC 2 on or about September 1, 2020. Plate River has received the subpoenaed documents 3 consisting of 219 pages. 4 6. Platte River served a Subpoena – Custodian of Records for Hutchinson & Steffen 5 Attorneys on or about September 2, 2020. Platte River has received the subpoenaed 6 around 500 pages of documents. 7 7. Platte River served a Subpoena – Custodian of Records for Nevada State Contractors 8 Board on or about September 8, 2020. Platte River has received the subpoenaed 9 documents which consist of over 2000 pages. 10 8. Platte River served a Subpoena – Custodian of Records for Dickey’s Barbecue Pit on or 11 about September 10, 2020. Extensions were granted resulting in those documents being 12 due on November 19, 2020. Dickey’s Barbecue Pit produced on November 20, 2020, 13 documents consisting of over 1,000 pages. 14 9. Platte River filed a Notice of Intent to Serve Subpoena to Testify at a Deposition in 15 Civil Action – Robert Cortez Marshall on September 10, 2020. Service attempts have 16 been unsuccessful. 17 10. Civil Action – Erika Beatty on September 10, 2020. Erika Beatty did not appear. 18 19 11. 20 21 Platte River served a Subpoena – Custodian of Records for Revcon Construction on about September 16, 2020. Platte River has received the subpoenaed documents. 12. 22 23 Platte River filed a Notice of Intent to Serve Subpoena to Testify at a Deposition in a Platte River received on or about October 28, 2020, documents from Dixie Leavitt Agency dba Leavitt Insurance Agency. 13. Platte River served written discovery in the form of Requests for Admission, Request 24 for Production of Documents and Interrogatories upon C&L on November 10, 2020. A 25 one-week extension was granted. 26 14. 27 28 C&L has served responses to the First Set of Interrogatories, First Set of Requests for Production, and First Set of Requests for Admission. 15. Platte River provided its First Supplemental Disclosures on December 30, 2020. 3 Case 2:20-cv-00723-GMN-EJY Document 51 Filed 08/02/21 Page 4 of 6 1 16. 2 Platte River served a Subpoena – Custodian of Records for A-1 National Fire Co., LL on February 8, 2021. Platte River has received the subpoenaed documents. 3 17. Platte River filed a Notice of Intent to Serve Subpoena – Custodian of Records for City 4 of Las Vegas Department of Building and Safety on January 26, 2021. Service of the 5 Notice was attempted on February 2, 2021. Service has not been completed to date. 6 18. 7 Platte River served a Subpoena – Custodian of Records for Task Electric on January 28, 2021. Platte River has not yet received any documents per the Subpoena. 8 19. 9 Platte River served a Subpoena – Custodian of Records for Infinity Air, LLC on January 29, 2021. Platte River has received the subpoenaed documents. 10 20. Platte River served a Subpoena – Custodian of Records for United Systems Fire 11 21. Security on February 1, 2021. Platte River has received the subpoenaed documents. 12 22. C&L submitted its responses to Platte River’s Requests for Production of Documents 13 and Interrogatories on February 5, 2021. 14 23. C&L has served First Supplemental Disclosure and Second Supplemental Disclosure. 15 24. Platte River has served its Second Supplemental Disclosure and Third Supplemental 16 Disclosure. 17 18 25. III. 19 Platte River served its initial disclosure of expert reports. Discovery Remaining The following discovery remains to be completed: 20 • Rebuttal expert disclosures. 21 • Deposition of Robert Marshall. 22 • Deposition of C&L Enterprises. 23 • Deposition of Yan Hong Liu. 24 • Deposition of Edward Ciampa. 25 • Supplemental disclosures and additional discovery as necessary. 26 IV. Why Discovery Has Not Been Completed 27 There have been various unanticipated delays in completing the remaining discovery. 28 Defendant has retained a rebuttal expert. However, the rebuttal report will not be ready for disclosure 4 Case 2:20-cv-00723-GMN-EJY Document 51 Filed 08/02/21 Page 5 of 6 1 by the current rebuttal expert disclosure deadline of August 3, 2021. Therefore, an extension of time 2 is needed on the remaining discovery deadlines. 3 V. There Is Good Cause to Extend the Discovery Deadlines 4 Requests for extensions of time must be supported by a showing of good case. LR 26-3. In 5 this case the rebuttal expert deadline is August 3, 2021. Defendant has retained a rebuttal expert. 6 Additional time is needed for the rebuttal expert to complete the report. Therefore, the Parties request 7 that the remaining deadlines be extended by approximately 30 days. The Parties stipulate and agree 8 that good cause exists to extend the discovery deadlines as demonstrated above. 9 10 VI. Proposed Discovery Schedule The Parties proposed the following extension on the remaining deadlines: 11 Current Deadline Proposed Deadline 12 Rebuttal Expert Disclosures August 3, 2021 September 3, 2021 13 Discovery Cut-Off September 3, 2021 October 4, 2021 14 Dispositive Motions October 4, 2021 November 4, 2021 15 IT IS SO STIPULATE AND AGREED. 16 17 18 19 20 21 22 DATED this 30th day of July, 2021. DATED this 2nd day of August, 2021. THE FAUX LAW GROUP WILEY PETERSEN By: /s/ Kurt C. Faux_________ KURT C. FAUX, ESQ. Nevada Bar No. 3407 2625 N. Green Valley Parkway, Suite 100 Henderson, Nevada 89014 Attorneys for Plaintiff/Counterdefendant By: /s/ E. Daniel Kidd___________ JASON M. WILEY, ESQ. Nevada Bar No. 9274 E. DANIEL KIDD, ESQ. Nevada Bar No. 10106 WILEY PETERSEN 1050 Indigo Drive Suite 200-B Las Vegas, Nevada 89145 Attorneys for Defendant/Counterclaimant 23 24 25 26 27 28 5 Case 2:20-cv-00723-GMN-EJY Document 51 Filed 08/02/21 Page 6 of 6 1 2 3 ORDER Based on the foregoing Stipulation and good cause being established, it is hereby ordered that the remaining discovery deadlines are extended to the following: 4 Rebuttal Expert Disclosures September 3, 2021 5 Discovery Cut-Off October 4, 2021 6 Dispositive Motions November 4, 2021 7 8 IT IS SO ORDERED. 9 10 11 _____________________________________ United States Magistrate Judge 12 13 Dated: August 2, 2021 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6
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