Homesite Insurance Company v. Norcold, Inc. et al, No. 2:2021cv02167 - Document 88 (D. Nev. 2023)

Court Description: ORDER Granting 87 Stipulation to Extend Discovery deadlines. Discovery due by 1/8/2024. Motions due by 2/13/2024. Signed by Magistrate Judge Daniel J. Albregts on 4/7/2023. (Copies have been distributed pursuant to the NEF - LOE)

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Homesite Insurance Company v. Norcold, Inc. et al 1 2 3 4 5 6 7 8 9 10 Doc. 88 Lilla Shkolnikov (SBN 219484) (admitted pro hac vice) GROTEFELD HOFFMANN LLP 700 Larkspur Landing Circle, Suite 280 Larkspur, California 94939 Telephone: 415.344.9670 Facsimile: 415.989.2802 Email: lshkolnikov@ghlaw-llp.com John T. Keating (Bar No. 6373) KEATING LAW GROUP 9130 W. Russell Rd. Suite 200 Las Vegas, NV 89148 Telephone: 702.228.6800 Email: jkeating@keatinglg.com Attorneys for Plaintiff HOMESITE INSURANCE COMPANY as subrogee of Traci Marx and Raymond Marx 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 15 16 17 18 19 20 HOMESITE INSURANCE COMPANY as subrogee of Traci Marx and Raymond Marx, Plaintiff, v. NORCOLD, INC., NORCOLD, LLC, THETFORD CORPORATION, THETFORD, LLC, CAMPING WORLD OF HENDERSON, CAMPING WORLD, INC., CWI, Inc. and DOES 1 through 50, Inclusive, Defendants. 21 22 TRACI MARX, RAY MARX, ALYSSA DILLARD and SETH DILLARD, 23 v. 24 NORCOLD, INC., NORCOLD, LLC, THETFORD CORPORATION, THETFORD LLC, THE DYSON-KISSNER-MORAN CORPORATION, CAMPING WORLD HOLDINGS, INC., CAMPING WORLD, INC., CWI, INC., CAMPING WORLD OF HENDERSON, and DOES 1 to 50, inclusive, and ROE ENTITIES 1 to 50, inclusive 25 26 27 28 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:21-cv-02167-RFB-DJA (Consolidated with Case No. 2:22-cv-00085JCM-EJY) STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (Amended Second Request) 1 Dockets.Justia.com 1 Pursuant to LR 6-1 and LR 26-3, the undersigned parties in the consolidated cases, by 2 and through their respective counsel of record, hereby stipulate and respectfully request that this 3 Court further extend discovery, in the above-captioned cases as outlined below. The parties 4 request that all other future deadlines contemplated by the Discovery Plan and Scheduling Order 5 be extended pursuant to Local Rules. In support of this Stipulation and Request, the parties state 6 7 8 as follows: Procedural History of the Cases 1. On November 5, 2021, Plaintiff Homesite Insurance Company filed its Complaint 9 against Norcold, Inc., Thetford Corp., Camping World, Inc. and Camping World of Henderson in 10 11 12 13 14 15 16 the Clark County District Court of the State of Nevada (hereinafter “the Homesite Action”). 2. On December 8, 2021, the Court granted Camping World of Henderson’s and Camping World, Inc.’s Petition for Removal of the Homesite Action to the United States District Court for the District of Nevada. On December 15, 2021, the named defendants in the Homesite Action filed their Answers to the Complaint under Case No. 2:21-cv-02167-RFB-DJA. 3. On December 14, 2021, Plaintiffs Traci Marx, Raymond Marx, Alyssa Dillard and 17 Seth Dillard (“Marx/Dillard Plaintiffs”) filed their Complaint against Norcold, Inc., Thetford 18 Corp., The Dyson-Kissner-Moran Corporation (“DKM”), Camping World Holdings, Inc., 19 Camping World, Inc., CWI, Inc., and Camping World of Henderson (collectively “Camping 20 World Defendants”), in the Clark County District Court of the State of Nevada (hereinafter the 21 “Marx Action”). 22 4. On January 18, 2022, in the Marx Action, the Court granted Norcold, Thetford, 23 and DKM’s Petition for Removal to the United States District Court for the District of Nevada. 24 Norcold, Thetford, DKM, and the Camping World Defendants filed their Answers to the 25 Complaint in the Marx Action on January 25, 2022 and January 28, 2022 respectively under 26 Case No. 2:22-cv-00085-JCM-EJY. 27 28 5. On February 2, 2022, Plaintiffs in the Marx Action filed a Motion to Remand which is currently pending. 2 1 2 3 6. On February 10, 2022, Plaintiff in the Homesite Action filed a Notice of Related Case regarding the Marx Action. 7. On February 16, 2022, the parties filed their Amended Joint Rule 26(f) Status Report 4 and Discovery Plan in the Homesite Action. Plaintiff and Defendants served their Initial 5 Document and Witness Disclosures. 6 7 8 9 10 8. On February 24, 2022, Norcold, Thetford, and DKM filed an Amended Proposed Discovery Plan on behalf of the parties in the Marx Action. 9. On May 18, 2022, the Court ordered that the Marx Action, Case No. 2:22-cv-00085JCM-EJY, be consolidated under the Homesite Action, Case No. 2:21-cv-02167-RFB-DJA. 10. On July 26, 2022, Norcold filed a Motion to Compel Discovery Responses from 11 the Marx/Dillard Plaintiffs in the consolidated action. On July 26, 2022, Norcold also filed a 12 13 14 15 16 Motion to Deem Requests for Admission Admitted in the Marx Action. 11. All parties are engaged in written discovery. The parties have met and conferred on the terms of the protective order requested by Defendants; however, despite their best efforts, they have been unable to agree on the terms of the protective order. Plaintiffs have filed a Joint 17 Motion for Protective Order, to which Norcold, Thetford and DKM have filed their Response 18 with alternative proposed protective order (such Response being joined by the Camping World 19 Defendants). 20 21 22 23 24 25 26 27 28 12. On October 13, 2022, the Court granted Plaintiff Homesite’s motion to amend its Complaint to name CWI, Inc. as a defendant in the Homesite Action. 13. On October 20, 2022, the parties in the consolidated actions submitted a letter requesting a status conference pursuant to Local Rule 16-2. 14. On October 28, 2022, Plaintiff Homesite Insurance Company filed its First Amended Complaint, adding CWI, Inc. as a party. 15. On October 28, 2022, all Defendants filed their answers to Plaintiff’s First Amended Complaint. 16. On November 8, 2022, the parties filed a Joint Stipulation for Extension of Time, 3 1 2 which was granted by the Court on November 9, 2022. 17. On December 19, 2022, the Court held a hearing on Norcold’s Motion to Compel 3 Discovery Responses from Plaintiffs and Motion to Deem Requests for Admission Admitted in 4 the Marx Action. The Court ordered that the plaintiffs file an amended complaint naming 5 Norcold LLC and Thetford LLC as defendants in the action and that plaintiffs file responses to 6 7 8 Norcold LLC’s discovery requests. The Court denied Norcold’s motion to deem requests for admission admitted. 18. On January 17, 2023, Marx/Dillard Plaintiffs filed their First Amended Complaint 9 naming additional Camping World Defendants and Norcold LLC and Thetford LLC as 10 11 12 13 14 15 defendants. On January 31, 2023, all Defendants filed their answers to Marx/Dillard Plaintiffs’ First Amended Complaint. 19. On February 8, 2023 and thereafter, Marx/Dillard Plaintiffs filed their responses to Norcold LLC’s discovery requests. 20. On February 28, 2023, Plaintiff Homesite Insurance Company filed its Unopposed 16 Stipulation to File Second Amended Complaint to add Norcold LLC and Thetford LLC as 17 defendants to its action. On March 2, 2023, Plaintiff Homesite Insurance Company’s Second 18 Amended Complaint was deemed filed by the Court. 19 21. On March 2, 2023, Plaintiff Homesite Insurance Company filed a Motion for Leave 20 to File a Third Amended Complaint to add DKM after meet and confer with Defendants Norcold 21 and Thetford where said defendants advised that they opposed Plaintiff’s request to amend the 22 complaint to add DKM as a defendant. 23 24 25 26 27 28 22. On March 10, 2023, Plaintiff Homesite served an Amended Rule 30(b)(6) Notice of Deposition of Norcold, Inc. (currently known as Norcold LLC.) 23. On March 13, 2023, Plaintiff Homesite Insurance Company and the Marx/Dillard Plaintiffs filed their Joint Motion for Protective Order. This motion is pending. 24. On March 16, 2023, Defendants Norcold LLC and Thetford LLC filed their answers to Plaintiff Homesite Insurance Company’s Second Amended Complaint. 4 Case 2:21-cv-02167-RFB-DJA Document 87 Filed 04/06/23 Page 5 of 12 1 25. On March 16, 2023, Defendants Norcold LLC and Thetford LLC filed their response 2 in opposition to Plaintiff Homesite Insurance Company’s Motion for Leave to File its Third 3 Amended Complaint to add DKM. This motion is pending. 4 5 6 7 8 26. On March 20, 2023, Plaintiffs Marx/Dillard and Homesite Insurance Company served joint notices of deposition on Norcold, Inc. and on CWI, Inc. 27. On March 21, 2023, named defendants Camping World of Henderson, Camping World, Inc. and CWI, Inc. filed their Joint and Separate Answer and Affirmative Defenses to Plaintiff’s Second Amended Complaint. 9 28. On or around March 20, 2023, the Marx/Dillard Plaintiffs filed their Notice of Intent 10 11 12 13 14 15 16 to Serve Subpoena on Non-Parties to Testify at Deposition of Christopher Justin Hillenbrand. 29. On March 21, 2023, Plaintiffs Marx/Dillard and Homesite served joint notices of deposition on Thetford LLC and DKM. 30. On March 22, 2023, Defendant Norcold served a notice of deposition of Plaintiffs Alyssa Dillard, Seth Dillard, Traci Marx, and Ray Marx. 31. On March 22, 2023, Marx/Dillard Plaintiffs served amended and/or supplemental 17 responses to the Camping World entities’ written discovery requests, including interrogatories, 18 requests for admission and requests for production. 19 20 21 22 23 24 25 26 27 28 32. On March 23, 2023, Plaintiff Homesite Insurance Company filed its response in reply to Defendants’ opposition to its Motion for Leave to File its Third Amended Complaint. 33. On March 27, 2023, Defendants Norcold LLC, Thetford LLC, and DKM filed their response in opposition to Plaintiffs’ Joint Motion for Protective Order. 34. On March 28, 2023, Defendants Norcold LLC and Thetford LLC filed their Motion to Quash and for a Protective Order Preventing the Apex Deposition of Christopher Justin Hillenbrand. 35. On March 29, 2023, the Court issued a minute order that Defendants’ Motion to Quash and for a Protective Order did not satisfy the meet and confer requirements of the Local Rules and ordered that the parties meet and confer pursuant to Local Rule IA 1-3(f). 5 Case 2:21-cv-02167-RFB-DJA Document 87 Filed 04/06/23 Page 6 of 12 1 36. On March 31, 2023, counsel for Plaintiffs Marx/Dillard and Defendants Norcold and 2 Thetford held a telephonic meet and confer regarding the deposition subpoena of Christopher 3 Justin Hillenbrand. The parties were not able to resolve their discovery dispute. Defendants filed 4 a declaration in support of their Motion to Quash and for Protective Order on March 31, 2023 5 pursuant to the Court’s minute order. 6 7 8 9 10 11 12 Discovery Remaining 1. The parties continue participating in written discovery. 2. The parties will take the following fact depositions: • Ray Marx and Traci Marx; • Alyssa Dillard and Seth Dillard; • Deposition of Christopher Hillenbrand pursuant to subpoena, subject to the Court’s rulings on Norcold and Thetford’s Motion to Quash and Motion for 13 Protective Order Preventing the Apex Deposition of Mr. Hillenbrand [ECF 14 Nos. 80, 81]; 15 16 • Corp./Thetford LLC, and DKM; 17 18 • 21 22 Rule 30(b)(6) deposition of CWI, Inc., Camping World of Henderson, Camping World, Inc. 19 20 Rule 30(b)(6) depositions of Norcold Inc./Norcold LLC, Thetford • Rule 30(b)(6) deposition of Homesite 3. The parties may take the depositions of any and all other witnesses garnered through discovery. 23 4. The parties will disclose expert witnesses pursuant to Fed. R. Civ. P. 26. 24 5. The parties will take expert depositions. 25 26 27 28 Why Remaining Discovery Has Not Yet Been Completed The parties aver, pursuant to Local Rule 26-3, that good cause exists for the following request for extension. This request for an extension of time is not sought for any improper purpose or for the purpose of delay. Rather, it is sought by the parties for the purpose of allowing 6 Case 2:21-cv-02167-RFB-DJA Document 87 Filed 04/06/23 Page 7 of 12 1 the parties sufficient time to conduct discovery and adequately prepare for trial. The parties seek 2 additional time because the litigation outlined above continues to give rise to complex issues and 3 disputes that the parties are attempting to resolve. Despite meet and confer efforts, the parties 4 have not been able to resolve these issues and have sought court intervention. 5 6 7 8 The motions pending in front of the court are as follows: Plaintiff Homesite Insurance Company filed a motion to amend its complaint to add DKM as a defendant to the Homesite action, which Norcold and Thetford oppose. Plaintiffs Homesite and Marx/Dillard have filed a joint motion for entry of protective order as the parties have been unable to agree on the terms of 9 a protective order after months of meet and confer efforts. Norcold, Thetford, and DKM have 10 11 12 13 14 filed a response to such joint motion and request the Court enter a protective order containing different terms. No protective order has been entered at this time. The Marx/Dillard Plaintiffs have filed a notice of intent to serve a subpoena on Christopher Justin Hillenbrand, of Monomoy Capital Management, the entity which purchased Norcold, Inc. and Thetford, Inc.; Norcold and 15 Thetford have filed a motion to quash Plaintiffs’ notice of intent to serve a subpoena on 16 Christopher Justin Hillenbrand and a motion for protective order preventing the apex deposition 17 of Mr. Hillenbrand, as he is Norcold’s and Thetford’s Chairman/President and corporate 18 Director. Due to the pending issues and the areas of dispute set forth in the motions on file with 19 the Court, the parties have not been able to proceed with pre-trial discovery and depositions at 20 the rate they previously anticipated. 21 Accordingly, the parties request a further modification and extension of the current 22 discovery deadlines to allow for the opportunity to resolve the above referenced disputes with the 23 assistance of the Court so that discovery and trial preparation can proceed smoothly for the 24 benefit of all parties. 25 26 27 28 7 Case 2:21-cv-02167-RFB-DJA Document 87 Filed 04/06/23 Page 8 of 12 1 2 Extension of Modification of the Discovery Plan and Scheduling Order Local Rule 26-3 governs modifications or extension of the Discovery Plan and 3 Scheduling Order. Any stipulation or motion to extend or modify that Discovery Plan and 4 Scheduling Order must be made no later than twenty-one (21) days before the expiration of the 5 subject deadline and must comply fully with LR 26-3. 6 7 8 This is the second request for extension of time in this matter. The parties respectfully submit that the reasons set forth above constitute compelling reasons for the extension. The following is a list of the current discovery deadlines and parties’ proposed extended 9 deadlines: 10 Current Deadline Friday, April 28, 2023 New Deadline Monday, August 28, 2023 Plaintiffs: Wednesday, May 3, 2023 Plaintiffs: Thursday, August 31, 2023 Defendants: Friday June 30, 2023 Monday, July 30, 2023 Defendants: Monday, October 30, 2023 Monday, November 27, 2023 Friday, September 8, 2023 Monday, January 8, 2024 Monday, October 16, 2023 Tuesday, February 13, 2024 21 Mediation Completion Date 22 Dispositive Motions Monday, October 16, 2023 Tuesday, February 13, 2024 Joint Pretrial Order To be set pursuant to LR 26-1 (both cases) To be set pursuant to LR 26-1 11 12 13 14 Scheduled Event Fact Discovery Cutoff Expert Disclosure pursuant to FRCP 26(a)(2) 15 16 17 18 19 20 Simultaneous Rebuttal Expert Disclosure pursuant to FRCP 26(a)(2) Expert Discovery Cut-off 23 24 25 26 27 28 WHEREFORE, the parties respectfully request that this Court extend the fact discovery deadline from the current deadline of April 28, 2023 up to and including August 28, 2023, and the other dates as outlined in accordance with the table above. 8 Case 2:21-cv-02167-RFB-DJA Document 87 Filed 04/06/23 Page 9 of 12 1 2 Dated: April 6, 2023 GROTEFELD HOFFMANN LLP 3 /s/ Lilla Shkolnikov LILLA SHKOLNIKOV Attorneys for Plaintiff Homesite Insurance Company 4 5 6 7 8 9 Dated: April 6, 2023 LAW OFFICES OF TERRENCE A. BEARD 10 /s/ Terrence A. Beard 11 15 TERRENCE A. BEARD, ESQ. (Admitted pro hac vice) California Bar No. 98013 P.O. Box 1599 Sutter Creek, California 95685 T: 925-778-1060 Tbeard1053@aol.com 16 AND 12 13 14 17 DONALD H. WILLIAMS, Esq. Nevada Bar No. 5548 612 So. Tenth Street Las Vegas, Nevada 89101 T: 702-320-7755 F: 702-320-7760 Dwilliams@dhwlawlv.com Attorneys for Plaintiffs Traci Marx, Ray Marx, Alyssa Dillard, and Seth Dillard 18 19 20 21 22 23 24 25 26 27 28 9 Case 2:21-cv-02167-RFB-DJA Document 87 Filed 04/06/23 Page 10 of 12 1 Dated: April 6, 2023 HINSHAW & CULBERTSON LLP 2 /s/ Russell S. Ponessa Russell S. Ponessa (Admitted Pro Hac Vice) Minnesota Reg. #169316 250 Nicollet Mall, Suite 1150 Minneapolis, MN 55401 3 4 5 6 AND 7 KRAVITZ, SCHNITZER, JOHNSON, & WATSON, CHTD. MARTIN J. KRAVITZ, ESQ. Nevada Bar No. 83 MICHAEL ESPOSITO, ESQ. Nevada Bar No. 13482 8985 S. Eastern Ave., Ste. 200 Las Vegas, NV 89123 Attorneys for Named Defendants CAMPING WORLD OF HENDERSON, CAMPING WORLD, INC. and CWI, Inc. 8 9 10 11 12 13 14 15 16 17 18 19 20 Dated: April 6, 2023 COKINOS | YOUNG /s/ Mitchell R. Powell J. PARKER FAUNTLEROY, JR. Texas Bar No. 00790668 (Pro Hac Vice) STEFANY TEWELL Nevada Bar No. 6144 TODD M. FOSS Texas Bar No. 24040922 (Pro Hac Vice) MITCHELL R. POWELL Texas Bar No. 24091890 (Pro Hac Vice) 1221 Lamar Street, 16th Floor Houston, Texas 77010 21 AND 22 23 24 25 26 27 28 LEWIS BRISBOIS BISGAARD SMITH LLP DARRELL D. DENNIS, ESQ. Nevada Bar No. 6618 STEVEN B. ABBOTT, ESQ. Nevada Bar No. 10303 MICHAEL R. SMITH, ESQ. Nevada Bar No. 12641 6385 S. Rainbow Blvd., Ste. 600 Las Vegas, Nevada 89118 Attorneys for NORCOLD LLC, THETFORD LLC, and THE DYSON-KISSNER-MORAN CORPORATION 10 1 ORDER 2 3 SOORDERED ORDERED: ITITISISSO that the parties' stipulation to extend discovery deadlines [87] is GRANTED. 4 DATED this_____ 7th day 2023. Dated this dayofofApril _________________, 2023, 5 6 7 8 _____________________________________ DANIEL J. ALBREGTS UNITEDSTATES STATESMAGISTRATE MAGISTRATE JUDGE UNITED JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 1 CERTIFICATE OF SERVICE 2 Homesite Insurance Company v. Norcold, Inc., et al. USDC DISTRICT OF NEVADA CASE NO. 2:21-cv-02167-RFB-DJA 3 4 I hereby certify that on this 13th day of March 2023, a true and correct copy of the following document, STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (Amended Second Request) was served on all counsel of record as follows: 5 6 7 8 9 10 11 12 13 14 15 16 Attorneys for Defendants Norcold, Inc. and Thetford Corporation Attorneys for Defendant Camping World of Henderson and Camping World, Inc. Steven B. Abbott Lewis Brisbois Bisgaard & Smith LLP 6385 S. Rainbow Boulevard Suite 600 Las Vegas, NV 89118 Tel: (702) 893.3383 Fax: (702) 893-3789 Email: steven.abbott@lewisbrisbois.com Martin J. Kravitz Michael R. Esposito Kravitz Schnitzer Johnson Watson & Zeppenfeld, CHTD. 8985 S. Eastern Avenue Suite 200 Las Vegas, NV 89123 Tel: (702) 362-6666 Fax: (702) 362-2203 Email: mkravitz@ksjattorneys.com Email: mesposito@ksjattorneys.com Mitchell Powell Cokinos | Young Four Houston Center 1221 Lamar 16th Floor Houston, TX 77010 Tel: (713) 535-5500 Fax: (713) 535-5533 Email: mpowell@cokinoslaw.com Russell S. Ponessa (Admitted Pro Hac Vice) Hinshaw & Culbertson LLP 333 South Seventh Street Suite 2000 Minneapolis, MN 55402 Tel: (612) 333-3434 Fax: (612) 334-8888 Email: rponessa@hinshawlaw.com 17 18 19 20 21 22 23 Attorneys for Plaintiffs Traci Marx and Raymond Marx and Alyssa Dillard and Seth Dillard Attorneys for Plaintiffs Traci Marx and Raymond Marx and Alyssa Dillard and Seth Dillard Terrence A. Beard Law Offices of Terrence A. Beard P.O. Box 1599 Sutter Creek, CA 95685 Tel: (925) 778-1060 Fax: Email: tbeard1053@aol.com Donald H. Williams Williams | Starbuck 612 So. Tenth Street Las Vegas, NV 89101 Tel: (702) 320-7755 Fax: (702) 320-7760 Email: dwilliams@dhwlawlv.com 24 25 26 27 EXECUTED ON April 6, 2023 Emily Hallinan 28 1 CERTIFICATE OF SERVICE

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