Nevada Restaurant Services, Inc. v. Factory Mutual Insurance Company et al, No. 2:2022cv01104 - Document 49 (D. Nev. 2023)
Court Description: ORDER Granting 48 Joint Discovery Plan. Discovery due by 5/8/2024. Motions due by 6/7/2024. Proposed Joint Pretrial Order due by 7/8/2024. Signed by Magistrate Judge Cam Ferenbach on 5/23/2023. (Copies have been distributed pursuant to the NEF - AMMi)
Download PDF
<![CDATA[
Nevada Restaurant Services, Inc. v. Factory Mutual Insurance Company et al Doc. 49 Case 2:22-cv-01104-RFB-VCF Document 49 Filed 05/23/23 Page 1 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 J. Randall Jones, Esq. (Bar #1927) r.jones@kempjones.com Mona Kaveh, Esq. (Bar # 11825) m.kaveh@kempjones.com Madison S. Florance, Esq. (Bar #14229) m.florance@kempjones.com KEMP JONES, LLP 3800 Howard Hughes Parkway, 17th Floor Las Vegas, Nevada 89169 Telephone: (702) 385-6000 Fax: (702) 385-6001 Shant Karnikian (Pro Hac Vice) sk@kbklawyers.com Gary Partamian (Pro Hac Vice) gp@kbklawyers.com KABATECK, LLP 633 West Fifth Street, Suite 3200 Los Angeles, California 90071 Telephone: (213) 217-5027 Fax: (213) 217-5010 Attorneys for Plaintiff 14 UNITED STATES DISTRICT COURT 15 DISTRICT OF NEVADA 16 17 NEVADA RESTAURANT SERVICES, INC., DBA DOTTY’S, a Nevada corporation, 18 19 20 21 22 23 24 25 Case No.: 2:22-cv-01104-RFB-VCF Plaintiff, vs. FACTORY MUTUAL INSURANCE COMPANY, dba FM GLOBAL, a Rhode Island corporation; AFFILIATED FM INSURANCE COMPANY; a Rhode Island Corporation; JEFFEREY ZEBARTH, an individual; PATRICK LANGIN, an individual; DOES I through X; and ROE Business Entities I through X, JOINT [PROPOSED] DISCOVERY PLAN AND SCHEDULING ORDER [SPECIAL SCHEDULING REVIEW REQUESTED] Defendants. 26 27 28 1 JOINT RULE 26(f) REPORT Dockets.Justia.com Case 2:22-cv-01104-RFB-VCF Document 49 Filed 05/23/23 Page 2 of 6 1 Plaintiff Nevada Restaurant Services, Inc. (“Plaintiff”), by and through its counsel of record, 2 the law firms of Kemp Jones, LLP and Kabateck LLP, and Defendant Affiliated FM Insurance 3 Company (“Defendant Affiliated FM”), by and through its counsel of record, the law firms of 4 Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC and Robins Kaplan LLP, submit this Joint 5 Discovery Plan and Scheduling Order [Special Scheduling Review Requested] pursuant to LR 26- 6 1(b) and Federal Rule of Civil Procedure 26(f). 7 On April 24, 2023, Madison Florance of Kemp Jones, LLP, with Shant Karnikian and Gary 8 Partamian of Kabateck LLP, counsel for Plaintiff; and Howard Russell of Weinberg, Wheeler, 9 Hudgins, Gunn & Dial, LLC, with Christina Lincoln and Alexandra Fernandez of Robins Kaplan 10 LLP, counsel for Defendant Affiliated FM, participated telephonically in a discovery and scheduling 11 conference. Based on the conference, the parties are in general agreement regarding the discovery 12 protocol and differences of opinion between the parties are stated below. Nothing stated herein shall 13 be deemed an admission by any party, and this submission shall not be admissible in any subsequent 14 hearing or trial in this or any other litigation. 15 I. PROPOSED DISCOVERY PLAN 16 A. 17 Defendant Affiliated FM first appeared in this action on July 11, 2022. Shortly thereafter, 18 Defendants filed motions to dismiss, and Plaintiff filed a motion to remand. The parties stipulated to 19 stay discovery until the Court ruled on Plaintiff’s motion to remand, and the Court entered an order 20 granting the stay. ECF No. 37. On March 20, 2023, the Court ruled on the motions to dismiss and 21 motion to remand. ECF No. 44. The Parties conducted their Rule 26(f) Conference on April 24, 2023, 22 and have agreed on a twelve-month discovery period from the date the parties intend to file this 23 discovery plan. Therefore, the parties request a discovery cut-off date of Tuesday, May 8, 2024. Discovery Cut-off Date. 24 The Parties believe that additional time for discovery is necessary for the following reasons: 25 (1) the complex nature of the claims asserted in this matter, which will likely warrant significant 26 discovery; (2) the voluminous documents that will be produced by each side during the course of 27 discovery, (3) the retention of numerous experts by each party; (4) the anticipated need to serve 28 subpoenas on multiple third-parties for documents and depositions; and (5) any further impact on 2 JOINT RULE 26(f) REPORT Case 2:22-cv-01104-RFB-VCF Document 49 Filed 05/23/23 Page 3 of 6 1 discovery that has been and will be caused by the holidays and the Parties’ and Counsel’s varying 2 unavailability during that time period. 3 B. 4 The Parties request the date for filing motions to amend the pleadings or to add parties be no 5 Amending the Pleadings and Adding Parties later than Thursday, February 8, 2024 - 90 days prior to the proposed discovery cut-off date. 6 C. 7 The Parties request the following expert disclosure schedule: 8 Plaintiff’s disclosure of experts be made on or before Thursday, February 8, 2024, 90 days 9 prior to the proposed discovery cutoff date. 10 11 Fed. R. Civ. P. 26(a)(2) Disclosures (Experts) Defendant Affiliated FM’s expert disclosures be made on or before Monday, March 11, 2024 – 30 days after Plaintiff’s initial disclosure of experts. 12 Plaintiff’s rebuttal expert disclosures, including those of Plaintiff’s rebuttal experts, if any, 13 shall be disclosed 30 days after Defendant Affiliated FM’s expert disclosures, and therefore, not later 14 than Wednesday, April 10, 2024. 15 D. 16 The Parties shall file dispositive motions 30 days after the discovery cut-off date, and 17 Dispositive Motions therefore, not later than Friday, June 7, 2024. 18 E. 19 If no dispositive motions are filed, and unless otherwise ordered by this Court, the Joint 20 Pretrial Order shall be filed 30 days after the date set for dispositive motions, and therefore, not later 21 than Monday, July 8, 2024. If dispositive motions are filed, the filing of the Joint Pretrial Order will 22 be suspended 30 days after the Court’s decision on the dispositive motions or further court order. Pretrial Order 23 F. 24 The Parties have agreed that the disclosures required by Federal Rule of Civil Procedure 25 26(a)(3) (pretrial disclosures), and any objection thereto, will be included in the Pretrial Order. No 26 changes are necessary in the form or requirement for disclosures under Federal Rule of Civil 27 Procedure 26(a). 28 /// Fed R. Civ. P. 26(a)(3) Disclosures 3 JOINT RULE 26(f) REPORT Case 2:22-cv-01104-RFB-VCF Document 49 Filed 05/23/23 Page 4 of 6 1 G. 2 The Parties certify pursuant to LR 26-1(b)(7) that they have met and conferred about the 3 possibility of using alternative dispute-resolution processes including mediation, arbitration, and if 4 applicable, early neutral evaluation. At this time, the Parties believe that some basic discovery must 5 be completed before initiating settlement talks. Alternative Dispute Resolution 6 H. 7 The parties certify pursuant to LR 26-1(b)(8) that they considered and declined to consent to 8 trial by magistrate under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 63 and the use of the Short Trial 9 Program. 10 I. 11 The Parties certify that they met and conferred regarding the use of electronic evidence and 12 presenting the same at trial. They will present evidence in a format that will be compatible with the 13 Court’s evidence display system, with each party responsible for preparing their respective exhibits 14 to comply. 15 J. 16 17 18 Electronic Evidence Additional Discovery Issues or Changes Needed, Pursuant to Fed. R. Civ. P. 26(f)(3) Pursuant to Federal Rule of Civil Procedure 26(f)(3), the Parties’ additional views and proposals on additional discovery matters are as follows: 1. Extensions or Modifications of the Discovery Plan and Scheduling Order 19 20 Alternative Forms of Case Disposition Requests to extend deadlines must comply fully with LR 26-3. 21 2. Initial Disclosures 22 Pursuant to Rule 26(a)(1), the Parties intend to comply with its disclosure obligations, but 23 will need an additional 10 days from the date of the Parties’ Rule 26(f) Conference, which was held 24 on April 24, 2023. Thus, the Parties agree to provide initial disclosures no later than Wednesday, 25 May 17, 2023. 26 27 3. Discovery Subjects and Phases a. Plaintiff’s Position 28 4 JOINT RULE 26(f) REPORT Case 2:22-cv-01104-RFB-VCF Document 49 Filed 05/23/23 Page 5 of 6 1 It is Plaintiff’s position that discovery subjects include, but are not limited to, (1) insurance claim 2 files and notes, (2) insurance investigation files and notes, (3) correspondences between Defendant 3 and any third parties regarding the claim, (4) Defendant’s and any of their consultants’ claims 4 handling manuals and protocols, (5) Defendant’s and any of their consultants’ adjuster training 5 manuals and protocols, (6) agreements/contracts between Defendant and any third parties involved 6 in the claims process, (7) attorney files, to the extent attorneys acted as adjusters and/or made claims 7 decisions, and (8) the files of third party consultants and contractors. It is Plaintiff’s position that 8 discovery relating to liability, causation, damages and punitive damages should all be conducted at 9 the same time, as sufficient time is needed to submit discovery requests on both compensatory and 10 punitive damages, obtain responses, compel any deficient responses, retain experts (on both 11 compensatory and punitive damages), and conduct depositions before the discovery cut-off date. 12 b. Defendant’s Position 13 It is Defendant Affiliated FM’s position that discovery may be needed on liability, causation, 14 and damages. Defendant takes the position that any discovery relating to Plaintiff’s claim for punitive 15 damages should be bifurcated from the rest of discovery and postponed until thirty days before trial. 16 Defendant disputes the necessity of subjects identified by Plaintiff, including Defendant’s manuals, 17 protocols, agreements/contracts between Defendant’s and third-parties involved in the claims 18 process, and attorney files. 19 4. Electronic Evidence 20 The Parties do not anticipate discovery issues at this time and do not foresee any issues arising 21 from the disclosure of electronically stored information and will work together to resolve any future 22 issues. 23 The Parties agree to serve discovery requests, discovery responses, and disclosures via 24 electronic mail. The parties reserve the right to amend this plan either through stipulation or motion. 25 The Parties anticipate submitting a Stipulated Proposed ESI Protocol to govern the exchange 26 27 28 and disclosure of ESI in this case. 5. Preservation of Discoverable Information The Parties do not foresee any issues with the preservation of discoverable information. 5 JOINT RULE 26(f) REPORT Case 2:22-cv-01104-RFB-VCF Document 49 Filed 05/23/23 Page 6 of 6 1 6. Privilege and Protection of Trial Preparation Materials 2 The Parties agree to provide privilege logs for any and all documents withheld and/or 3 redacted from the production of documents. The Parties anticipate production of confidential, 4 proprietary, and/or financial information during the tendency of this action, and thus, the Parties 5 anticipate submitting a stipulated protective order to be entered by the court to govern use and 6 disclosure of such information. 7 8 9 7. Changes in Limitations on Discovery, or other Limitations Imposed The Parties have no changes in discovery limitations at this time. 8. Other Orders of the Court 10 None at this time. 11 DATED: May 15, 2023 DATED: May 15, 2023 /s/ Mona Kaveh KEMP JONES, LLP J. Randall Jones, Esq. (Bar # 1927) Mona Kaveh, Esq. (Bar # 11825) Madison S. Florance, Esq. (Bar # 14229) 3800 Howard Hughes Parkway, 17th Floor Las Vegas, Nevada 89169 /s/ Alexandra Fernandez WEINBERG, WHEELER, HUDGINS, GUNN & DIAL, LLC Howard J. Russell, Esq. (Bar # 8879) Ryan R. Gormley, Esq. (Bar # 13494) 6385 South Rainbow Blvd., Suite 400 Las Vegas, Nevada 89118 KABATECK, LLP Shant Karnikian, Esq. (Pro Hac Vice) Gary Partamian, Esq. (Pro Hac Vice) 633 West Fifth Street, Suite 3200 Los Angeles, California 90071 ROBINS KAPLAN LLP Amy M. Churan (Pro Hac Vice) Christina M. Lincoln (Pro Hac Vice) Alexandra Fernandez (Pro Hac Vice) 2049 Century Park East, Suite 3400 Los Angeles, CA 90067-3208 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Attorneys for Nevada Restaurant Services, Inc. Attorneys for Defendant Affiliated FM Insurance Company IT IS SO ORDERED: _______________________________ UNITED STATES DISTRICT JUDGE Magistrate 5-23-2023 DATED: ______________________ 28 6 JOINT RULE 26(f) REPORT
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
