Lomaglio v. State Farm Mutual Automobile Insurance Company, No. 2:2021cv00328 - Document 41 (D. Nev. 2023)
Court Description: ORDER Granting 40 Stipulation to Extend Discovery Deadlines. Discovery due by 1/29/2024. Motions due by 2/28/2024. Proposed Joint Pretrial Order due by 3/29/2024. Signed by Magistrate Judge Elayna J. Youchah on 10/12/2023. (Copies have been distributed pursuant to the NEF - AMMi)
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Lomaglio v. State Farm Mutual Automobile Insurance Company Doc. 41 Case 2:21-cv-00328-KJD-EJY Document 41 Filed 10/12/23 Page 1 of 6 1 ROBERT W. FREEMAN Nevada Bar No. 3062 2 E-Mail: Robert.Freeman@lewisbrisbois.com FRANK A. TODDRE, II 3 Nevada Bar No. 11474 Email: Frank.Toddre@lewisbrisbois.com 4 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 5 702.893.3383 FAX: 702.893.3789 6 Attorneys for Defendant State Farm Mutual Automobile Insurance 7 Company 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA, SOUTHERN DIVISION 10 *** 11 JOSEPH LOMAGLIO, an individual, CASE NO.: 2:21-cv-00328-KJD-EJY 12 STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES 13 Plaintiff, vs. [TENTH REQUEST] 14 STATE FARM MUTUAL AUTOMOBILE 15 INSURANCE COMPANY, a foreign corporation; DOES I through X; and ROE 16 CORPORATIONS I through X, inclusive, 17 Defendants. 18 19 Pursuant to LR 6-1 and LR 26-3, the parties, by and through their respective counsel of 20 record, hereby stipulate and request that this Court extend discovery in the above-captioned case by 21 ninety-one (91) days, up to and including Monday, January 29, 2024. In addition, the parties request 22 that all other future deadlines contemplated by the Discovery Plan and Scheduling Order be 23 extended pursuant to Local Rule. In support of this Stipulation and Request, the parties state as 24 follows: LEWIS 25 1. On January 19, 2021, Plaintiff filed his Complaint in the Eight Judicial District Court. 26 2. On February 26, 2021, Defendant removed the case to Federal Court. 27 3. On March 5, 2021, Defendant filed its Answer to Complaint. 28 4. On March 18, 2021, the parties conducted an initial FRCP 26(f) conference. BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 130660206.1 Dockets.Justia.com Case 2:21-cv-00328-KJD-EJY Document 41 Filed 10/12/23 Page 2 of 6 1 5. On March 29, 2021, Plaintiff filed his Motion to Remand. 2 6. On March 31, 2021, Plaintiff served his FRCP 26 Initial Disclosures on Defendant. 3 7. On April 5, 2021, The Court entered the Discovery Plan and Scheduling Order. 4 8. On April 9, 2021, Defendant filed its Opposition to Motion to Remand. 5 9. On April 23, 2021, Plaintiff filed his Reply in Support of Motion to Remand. 6 10. On April 28, 2021, 2020, Defendant served its FRCP 26 Initial Disclosures on 7 8 Plaintiff. 11. 9 10 requests on Defendant. Defendant served its responses on September 2, 2021. 12. 11 12 13. 14. On October 14, 2021, Defendant served its Second Supplement to FRCP 26 Initial Disclosures on Plaintiff. 15. 17 On November 30, 2021, Plaintiff served his First Supplement to FRCP 26 Initial Disclosures on Plaintiff. 18 16. Also on November 30, 2021, Plaintiff served his discovery responses. 19 17. On December 7, 2021, Defendant served its discovery responses. 20 18. On February 24, 2022, Defendant served its Third Supplement to FRCP 26 Initial 21 22 Disclosures on Plaintiff. 19. 23 24 On March 14, 2022, Defendant produced the third-party claim file identified in its Third Supplement to its FRCP 26 Initial Disclosures. 20. 25 LEWIS On October 11, 2021, Plaintiff served his first set of admissions requests and second set of production requests on Defendant. 15 16 On September 7, 2021, Defendant served its First Supplement to FRCP 26 Initial Disclosures on Plaintiff. 13 14 On July 1, 2021, Plaintiff served his first set of interrogatories and production On March 14, 2022, the Court entered its Order Denying Plaintiff’s Motion to Remand. 26 21. Plaintiff deposed State Farm Claim Specialist Tyce Gummow on October 27, 2022. 27 22. Plaintiff served his third set of written discovery on Defendant State Farm on 28 November 30, 2022. BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 130660206.1 2 Case 2:21-cv-00328-KJD-EJY Document 41 Filed 10/12/23 Page 3 of 6 1 23. 2 3 6, 2023. 24. 4 5 Plaintiff took the deposition of State Farm representative Erick Bayer on February On April 4, 2023 Defendant served its Fourth Supplement to FRCP 26 Initial Disclosures on Plaintiff. 25. 6 On April 26, 2023 Defendant served its Fourth Supplement to FRCP 26 Initial Disclosures on Plaintiff. 7 26. On July 5, 2023, Plaintiff served his Tenth Supplement to 26.1 Disclosures. 8 27. On July 10, 2023, Defendant took the deposition of Plaintiff Joseph Lomaglio. 9 28. On July 27, 2023, Plaintiff took the partial deposition of Dave Fletcher 10 29. The parties have served their respective initial and rebuttal expert discovery. 11 30. On July 27, 2023, Defendant’s served their Supplemental Answers to Plaintiff’s 12 Second Set of Interrogatories. 13 31. On August 8, 2023, Plaintiff served his Fourth Supplement to Expert Disclosures. 14 32. On September 15, 2023, Plaintiff served his Fourth set of written discovery on 15 Defendants. State Farm’s responses are due on October 13, 2023. 16 17 DISCOVERY REMAINING 1. 18 19 Farm employee Scott Gilmore in November/December 2023. 2. 20 21 3. 4. LEWIS continued deposition of ATTORNEYS AT LAW Fletcher will be scheduled in The 30(b)(6) depositions of Defendant State Farm will be scheduled in 5. The parties will take the expert depositions in January 2023. WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED The parties aver, pursuant to Local Rule 26-3, that good cause exists for the requested 28 extension. This Request for an extension of time is not sought for to delay the proceedings or for BRISBOIS BISGAARD & SMITH LLP Dave November/December 2023. 26 27 The November/December 2023. 24 25 The Parties will make a good faith effort to schedule the deposition of former State Farm employee Dave Eaton in November/December 2023. 22 23 The Parties will make a good faith effort to schedule the deposition of former State 130660206.1 3 Case 2:21-cv-00328-KJD-EJY Document 41 Filed 10/12/23 Page 4 of 6 1 any improper purpose. Rather, the parties seek this extension solely to allow sufficient time to 2 conduct the remaining depositions. 3 The parties are currently working to resolve the issues with the current notice of the 30(b)(6) 4 deposition, that may require litigation. 5 Counsel for Defendant is attending to family obligations involving medical issues over the 6 next few months that will continue to require him to be out of the jurisdiction for extended periods 7 of time. As a result, Counsel for Plaintiff, and Counsel for Defendant, despite their best efforts, 8 have been unable to coordinate the last few remaining depositions to be taken in this matter. Their 9 requested extension of time will allow them ample time to immediately finalize the scheduling of 10 these depositions in advance of their proposed close of discovery. 11 A ninety (90) day extension of the discovery deadlines will allow the parties to coordinate 12 and prepare for the remaining depositions. For those reasons, the parties respectfully request a brief 13 extension of the discovery deadlines in this matter. 14 Extension or Modification of The Discovery Plan and Scheduling Order. LR 26-3 governs 15 modifications or extension of the Discovery Plan and Scheduling Order. Any stipulation or motion 16 to extend or modify that Discovery Plan and Scheduling Order must be made no later than twenty17 one (21) days before the expiration of the subject deadline and must comply fully with LR 26-3. 18 This is the tenth request for extension of time in this matter. The parties respectfully submit 19 that the reasons set forth above constitute compelling reasons for the short extension. 20 … 21 … 22 … 23 … 24 … 25 … 26 … 27 … LEWIS 28 … BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 130660206.1 4 Case 2:21-cv-00328-KJD-EJY Document 41 Filed 10/12/23 Page 5 of 6 1 The following is a list of the current discovery deadlines and the parties’ proposed extended 2 deadlines: 3 4 5 6 7 8 9 10 11 12 Scheduled Event Current Deadline Proposed Deadline Discovery Cut-off Monday, October 30, 2023 Monday, January 29, 2024 Deadline to Amend Pleadings or Add Parties Closed Closed Expert Disclosure pursuant to FRCP26 (a)(2) Closed Closed Rebuttal Expert Disclosure pursuant to FRCP. 26(a)(2) Closed Closed Dispositive Motions Wednesday, November 29, 2023 Wednesday, February 28, 2024 Joint Pretrial Order Friday, December 29, 2023 Friday, March 29, 2024 If dispositive motions are pending, the parties will submit their Joint Pretrial Order within thirty (30) days of the Court’s order as to any dispositive motions. 13 14 15 16 … 17 … 18 … 19 … 20 … 21 … 22 … 23 … 24 … 25 … 26 … 27 … LEWIS 28 … BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 130660206.1 5 Case 2:21-cv-00328-KJD-EJY Document 41 Filed 10/12/23 Page 6 of 6 1 WHEREFORE, the parties respectfully request this Court extend the discovery period by 2 ninety-one (91) days from the current deadline of October 30, 2023 up to and including January 29, 3 2024, and extend the other dates as outlined in accordance with the table above. 4 Dated this 12th day of October 2023. Dated this 12th day of October 2023. 5 LEWIS BRISBOIS BISGAARD & SMITH LLP PRINCE LAW GROUP /s/ Robert W. Freeman ROBERT W. FREEMAN Nevada Bar No. 3062 FRANK A. TODDRE, II Nevada Bar No. 11474 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 Attorneys for Defendant State Farm Mutual Automobile Insurance Company /s/ Kevin T. Strong DENNIS M. PRINCE Nevada Bar No. 5092 KEVIN T. STRONG Nevada Bar No. 12107 ANGELA M. LEE Nevada Bar No. 14905 10801 West Charleston Blvd., Suite 560 Las Vegas, NV 89135 -and- 6 7 8 9 10 11 12 13 JASON R. MAIER Nevada Bar. No. 8557 MAIER GUTIERREZ & ASSOCIATES 8816 Spanish Ridge Avenue Las Vegas, NV 89148 -and- 14 15 16 17 JORDAN P. SCHNITZER Nevada Bar No. 10744 THE SCHNITZER LAW FIRM 9205 W. Russell Road, Suite 240 Las Vegas, NV 89148 Attorneys for Plaintiff Joseph Lomaglio 18 19 20 21 ORDER 22 IT IS SO ORDERED. 23 October Dated this 12th __ day of ______________, 2023. 24 25 _______________________________ U.S. MAGISTRATE JUDGE 26 27 LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 130660206.1 6
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