Barela v. USAA Casualty Insurance Company, No. 2:2021cv00084 - Document 21 (D. Nev. 2021)

Court Description: SCHEDULING ORDER granting 20 Discovery Plan and Scheduling Order. Discovery due by 9/23/2021. Motions due by 10/25/2021. Proposed Joint Pretrial Order due by 11/23/2021. Signed by Judge Robert C. Jones on 2/26/2021. (Copies have been distributed pursuant to the NEF - DRS)

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Barela v. USAA Casualty Insurance Company Doc. 21 Case 2:21-cv-00084-RFB-NJK Document 20 Filed 02/25/21 Page 1 of 7 1 ROBERT W. FREEMAN Nevada Bar No. 3062 2 Robert.Freeman@lewisbrisbois.com PRISCILLA L. O’BRIANT 3 Nevada Bar No. 010171 Priscilla.OBriant@lewisbrisbois.com 4 JENNIFER A. TAYLOR Nevada Bar No. 6141 5 Jennifer.A.Taylor@lewisbrisbois.com LEWIS BRISBOIS BISGAARD & SMITH LLP 6 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 7 Telephone: (702) 893-3383 Fax: (702) 893-3789 8 Attorneys for USAA CASUALTY INSURANCE COMPANY 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 DINA BARELA, individually. 13 14 Plaintiff, vs. 15 USAA CASUALTY INSURANCE COMPANY, DOES 1 through 20, ROE 16 BUSINESS ENTITIES I through 20, inclusive jointly and severally, 17 Defendants. 18 CASE NO.: 2:21-cv-00084-RFB-NJK PROPOSED JOINT DISCOVERY PLAN AND SCHEDULING ORDER SUBMITTED IN COMPLIANCE WITH LR 26-1(b) 19 20 Plaintiff DINA BARELA (hereinafter "Plaintiff'), by and through her attorneys of record, 21 Samantha A. Martin, Esq. of The RICHARD HARRIS LAW FIRM, and Defendant USAA 22 CASUALTY INSURANCE COMPANY (“Defendant”), by and through its counsel of record, 23 Robert W. Freeman, Esq., Priscilla O’Briant, Esq., and Jennifer A. Taylor, Esq. of LEWIS 24 25 26 LEWIS BRISBOIS BISGAARD & SMITH, hereby submit this Proposed Joint Discovery Plan and Scheduling Order. 27 Fed. R. Civ. P. 26(f) Conference 28 The parties met on February 24, 2021 to discuss matters in compliance with LR 26-1 (b)(7) BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4813-5930-6718.3 Dockets.Justia.com Case 2:21-cv-00084-RFB-NJK Document 20 Filed 02/25/21 Page 2 of 7 1 – (9). Based upon counsels review of the evidence in this case, the parties now propose the 2 following discovery plan: 3 1. Discovery Cut-Off Date: 4 Plaintiff filed her Complaint on November 30, 2020 in Nevada State Court. Defendant 5 6 filed a Petition for Removal to this Court on January 15, 2021. (ECF No. 1.) On January 21, 2021 7 Plaintiff filed a Motion to Remand this case back to State Court. (ECF No. 6.) Defendant filed its 8 Answer on January 22, 2021. (ECF No. 7.) On February 19, 2021, Plaintiff filed a Notice of 9 Withdrawal of Motion to Remand. (ECF No. 19.) The parties request the time period for 10 discovery to start from the FRCP 26(f) conference or February 24, 2021. 180 days from February 11 24, 2021 is Monday, August 23, 2021. However, the parties request the close of discovery to fall 12 13 on Thursday, September 23, 2021. The parties request September 23, 2021 as the discovery 14 deadline because counsel for Plaintiff is pregnant and has an expected delivery date in Mid15 August, 2021. 16 2. Amending the Pleadings and Adding Parties: 17 The parties request that all motions to amend the pleadings or to add parties be filed no 18 19 20 later than Friday, June 25, 2021 - 90 days prior to the proposed close of discovery. 3. Fed.R.Civ.P. 26(a)(2) Disclosures (Experts): 21 The parties request the disclosure of experts be made on or before Monday, July 26, 22 2021 - 59 days before the proposed discovery cut-off date. Disclosure of rebuttal experts shall 23 be made by Wednesday, August 25, 2021 - 31 days after the initial disclosure of experts. 24 4. Dispositive Motions: 25 The date for filing dispositive motions shall not be later than Thursday, October 25, 2021 26 27 LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 28 - 32 days after the proposed discovery cut-off date. In the event that the discovery period is 4813-5930-6718.3 2 Case 2:21-cv-00084-RFB-NJK Document 20 Filed 02/25/21 Page 3 of 7 1 extended from discovery cut-off date set forth in this proposed Discovery Plan and Scheduling 2 Order, the date for filing dispositive motions shall be extended to be not later than 30 days from 3 the subsequent discovery cut-off date. 4 5. Pretrial Order: 5 The date for filing the joint pretrial order shall not be later than Wednesday, November 23, 6 7 2021 - 29 days after the cut-off date for filing dispositive motions. In the event that dispositive 8 motions are filed, the date for filing the joint pretrial order shall be suspended until 30 days after 9 decision on the dispositive motions or until further order of the court. In the further event that the 10 discovery period is extended from the discovery cut-off date set forth in this Discovery Plan and 11 Scheduling Order, the date for filing the joint pretrial order shall be extended in accordance with 12 the time periods set forth in this paragraph. 13 14 6. Fed. R. Civ. P. 26(a)(3) Disclosures: The disclosures required by FRCP 26(a)(3), and any objections thereto, shall be 15 16 included in the joint pretrial order. 17 7. 18 Alternative Dispute Resolution: The parties met and conferred at the Rule 26 conference regarding the possibility of using 19 alternative dispute resolution processes, namely arbitration and mediation. 20 21 8. Alternative Forms of Case Disposition: The parties met and conferred regarding the use of a magistrate judge for all purposes or to 22 23 submit to the Short Trial Program. 24 25 26 9. Electronic Evidence: The parties met and conferred regarding the use of electronic evidence and presenting the same to the jury. They will present evidence to the jury in a format that will be compatible with 27 LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 28 4813-5930-6718.3 3 Case 2:21-cv-00084-RFB-NJK Document 20 Filed 02/25/21 Page 4 of 7 1 the Court's jury evidence display system, with each party responsible for preparing their respective 2 exhibits to comply. 3 FRCP 26(f)(3) VIEWS AND PROPOSALS 4 A. Initial Disclosures: 5 Plaintiff served his initial disclosures on or before March 10, 2021. 6 Defendant served its initial disclosures on or before March 10, 2021. 7 8 B. 9 10 Subjects on Which Discovery May Be Needed: Plaintiff and Defendant agree that the subjects of discovery shall include liability, causation, and damages of all forms. 11 C. Whether Discovery Should Be Conducted in Phases or Be Limited to or Focused on 12 Particular Issues: 13 Plaintiff and Defendant agree that discovery need not be conducted in phases. 14 15 D. 16 Form or Forms In Which It Should Be Produced: 17 18 Issues Regarding Disclosure of Electronically Stored Information, Including the Plaintiff and Defendant agree that no issues exist regarding the disclosure or discovery of electronically stored information currently. 19 E. Issues Regarding Claims of Privilege or Protection of Pre-Trial Materials: 20 21 22 Some information and/or documents in Defendant’s possession are protected under confidentiality and/or privilege. Plaintiff and Defendant agree to act in a manner that protects 23 information entitled to be kept confidential and to ensure that protection is limited to material 24 entitled to any such protections. The parties will work together, where possible, to establish an 25 appropriate scope of discovery as it relates to privileged communications in Defendant’s files. To 26 the extent Defendant needs to seek protective orders prior to producing any confidential, trade 27 LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 28 4813-5930-6718.3 4 Case 2:21-cv-00084-RFB-NJK Document 20 Filed 02/25/21 Page 5 of 7 1 secret or otherwise privileged information or documents, and in the interest of preserving its 2 claims of privilege and confidentiality, Defendant will circulate a proposed stipulated protective 3 order for Plaintiff’s review prior to submitting the same to the Court for review and approval. 4 F. Changes That Should Be Made in The Limitations on Discovery Imposed Under 5 These Rules or By Local Rule: 6 7 None. 8 G. Orders That The Court Should Issue Under Rule 26(c)( or Rule 16(b) and (c): 9 None at this time, though the parties may stipulate to such an order in the future to 10 preserve materials protected by trade secret held by Defendant. 11 DATED this 25th day of February, 2021. DATED this 25th day of February, 2021. 12 RICHARD HARRIS LAW FIRM LEWIS BRISBOIS BISGAARD & SMITH 13 14 __/s/ Samantha A. Martin_________ 15 BENJAMIN P. CLOWARD, ESQ. Nevada Bar No. 11087 16 SAMANTHA A. MARTIN, ESQ. Nevada Bar No.12998 17 801 S. Fourth St. Las Vegas, NV 89101 18 Attorneys for Plaintiff 19 Dina Barela _ _/s/ _Jennifer A. Taylor________________ ROBERT W. FREEMAN, ESQ. Nevada Bar No. 3062 PRISCILLA L. O’BRIANT, ESQ. Nevada Bar No. 10171 JENNIFER A. TAYLOR, ESQ. Nevada Bar No. 006141 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 Attorneys for Defendant USAA CASUALTY INSURANCE COMPANY 20 21 22 23 24 25 26 27 LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 28 4813-5930-6718.3 5 Case 2:21-cv-00084-RFB-NJK Document 20 Filed 02/25/21 Page 6 of 7 1 ORDER 2 1. 3 2. The discovery cut-off shall be Thursday, September 23, 2021. Amending the Pleadings and Adding Parties. The last date for filing motions to amend 4 pleadings or to add parties shall not be later than 90 days prior to the close of discovery. In this 5 6 action, the last date to file motions to amend the pleadings or add parties shall be Friday, June 7 25, 2021. 8 3. FRCP 26(a)(2) Disclosures (Experts). The last day to disclose expert witnesses shall be 9 60 days before the discovery cut-off date. In this action, the last date to disclose experts shall be 10 Monday, July 26, 2021. The date for the disclosure of rebuttal expert witnesses shall be 30 11 days after the initial disclosure of experts. In this action, the last date to disclose rebuttal experts 12 shall be Wednesday, August 25, 2021. 13 14 4. Dispositive Motions. The last date to file dispositive motions shall not be later than 30 15 days after the discovery cut-off date. In this action, the last date to file dispositive motions shall 16 be Thursday, October 25, 2021. 17 5. 18 Joint Pretrial Order. The Joint Pretrial Order shall be filed no later than 30 days after the date set for filing dispositive motions. In this action, the joint pretrial order shall be filed on or 19 before Wednesday, November 23, 2021. 20 21 22 6. FRCP 26(a)(3) Disclosures. The disclosures required by FRCP 26(a)(3) and any objections thereto shall be included in the Joint Pretrial Order 23 IT IS SO ORDERED. 24 Dated this ____ 26th day of February, 2021. 25 ________________________________________ UNITED STATES MAGISTRATE JUDGE 26 27 LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 28 4813-5930-6718.3 6

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