Spinoso v. Safeco Insurance Company of America, No. 2:2022cv01356 - Document 18 (D. Nev. 2023)
Court Description: ORDER Granting 17 Stipulation to Amend shceduling order and extend discovery deadlines. Discovery due by 9/21/2023. Motions due by 10/23/2023. Proposed Joint Pretrial Order due by 11/21/2023. Signed by Magistrate Judge Cam Ferenbach on 5/1/2023. (Copies have been distributed pursuant to the NEF - LOE)
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Spinoso v. Safeco Insurance Company of America Doc. 18 Case 2:22-cv-01356-CDS-VCF Document 18 Filed 05/01/23 Page 1 of 6 1 2 3 4 5 6 7 Richard C. Gordon (9036) Tanya N. Lewis (8855) SNELL & WILMER L.L.P. 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 Telephone: 702.784.5200 Facsimile: 702.784.5252 Email: rgordon@swlaw.com tlewis@swlaw.com Attorneys for Defendant Safeco Insurance Company of America 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 STEPHANIE SPINOSO, an individual, Snell & Wilmer L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nev ada 89169 702.784 .5200 11 Plaintiff, 12 vs. 13 SAFECO INSURANCE COMPANY OF AMERICA dba SAFECO INSURANCE COMPANY, a foreign corporation; DOES I through X, inclusive and ROE BUSINESS ENTITIES I through X, inclusive, 14 15 16 19 20 21 22 23 26 27 28 (Third Request) Pursuant to LR 6-1 and LR 26-4, and for good cause shown, the parties, by and through their respective counsel of record hereby stipulate and agree to and jointly move this Honorable Court for an order to continue discovery by sixty (60) days as indicated below. This is the parties’ third request, and is submitted for good cause, and not to cause undue delay in this case or prejudice to either party. A. DISCOVERY COMPLETED TO DATE The parties have completed the following disclosures and discovery: 24 25 STIPULATION AND ORDER TO AMEND SCHEDULING ORDER AND EXTEND DISCOVERY DEADLINES Defendants. 17 18 Case No. 2:22-cv-01356-CDS-VCF 1. Plaintiff served her initial FRCP 26(f) case conference disclosures on September 2, 2. Defendant served their initial FRCP 26(f) case conference disclosures on 2022. September 30, 2022. 4877-7921-3138 Dockets.Justia.com Case 2:22-cv-01356-CDS-VCF Document 18 Filed 05/01/23 Page 2 of 6 1 3. Plaintiff propounded written discovery to Defendant on September 20, 2022. 2 4. Defendant responded to Plaintiff’s written discovery requests on November 3, 5. Plaintiff has requested supplemental discovery responses from Defendant, and 3 2022. 4 5 Defendant served supplemental responses on April 6, 2023. 6 7 6. Amended Initial Disclosures on April 20, 2023. 8 9 7. L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nev ada 89169 702.784 .5200 Snell & Wilmer Plaintiff’s deposition and Dr. Spinoso’s deposition have been set for April 25, 9. The parties are currently arranging a mutually-convenient date to take the deposition of Defendant’s adjuster in Spokane, WA, for sometime in May 2023. 14 15 8. 2023. 12 13 Defendant served written discovery on Plaintiff on February 7, 2023. Plaintiff served responses on March 9, 2023. 10 11 Defendant produced additional photographs on April 11, 2023. Defendant served 10. The parties are currently arranging a mutually-convenient date for Plaintiff to appear for an IME in Las Vegas, Nevada, with the intent for it to take place in May 2023. 16 11. The parties continue to request, obtain and supplement medical records. 17 12. The parties continue to supplement their FRCP 26(f) disclosures as discovery 18 continues. 19 B. DISCOVERY REMAINING TO BE COMPLETED 20 1. Depositions of parties and/or witnesses; 21 2. Expert disclosures; 22 3. Depositions of treating physicians, 23 4. Expert depositions; 24 5. Additional written discovery as necessary, including supplemental discovery 25 responses; 26 6. Disclosure of additional documents; 27 7. Subpoena/Obtain additional documents as necessary; 28 4877-7921-3138 -2- Case 2:22-cv-01356-CDS-VCF Document 18 Filed 05/01/23 Page 3 of 6 1 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nev ada 89169 702.784 .5200 The parties also anticipate that they may need to conduct other forms of discovery, 2 though not specifically delineated herein, and anticipate doing so only on an as needed basis. 3 C. 4 Snell & Wilmer 8. REASON FOR REQUEST FOR EXTENSION OF DISCOVERY DEADLINES A scheduling order can be modified “for good cause and with the judge’s consent.” FRCP 5 16(b)(4). “A motion or stipulation to extend time must state the reasons for the extension 6 requested and must inform the court of all previous extensions of the subject deadline the court 7 granted.” LR AI 6-1 (a). “District courts should generally allow amendments of pre-trial orders 8 when ‘no substantial injury will be occasioned to the opposing party, the refusal to allow the 9 amendment might result in injustice to the movant, and the inconvenience to the court is slight.’” 10 Campbell Industries v. M/V Gemini, 619 F.2d 24, 27-28 (9th Cir. 1980) (quoting Angle v. Sky 11 Chef, Inc., 535 F.2d 492, 495 (9th Cir. 1976); Sherman v. United States, 462 F.2d 577, 579 (5th 12 Cir. 1972)). Here, as discussed below, there is no dispute among the parties that an extension 13 would cause any injury or injustice, and that a refusal of extension could prejudice the parties. 14 Additionally, although there may be some inconvenience to the Court, no trial date is currently set 15 and discovery is already ongoing. Therefore, this stipulated request for a modest extension should 16 be granted. 17 In addition to the discovery that has already taken place as set forth above, the parties 18 have diligently worked to continue to conduct discovery in an effort to complete the same and 19 prepare for trial. The parties are still in the process of determining what experts they may need 20 for trial. If discovery is not extended, they may have to retain and designate additional experts 21 which, upon further ordinary discovery, could be rendered unnecessary. The parties would 22 thereby be unnecessarily burdened by costs and further expert discovery, which could complicate 23 trial and alternative dispute resolution efforts. 24 The parties have diligently conducted discovery and are continuing to work cooperatively 25 to complete the remaining discovery in order to prepare for trial. Good cause exists for 26 modification of the current scheduling order to avoid prejudice to the parties. 27 28 4877-7921-3138 -3- Case 2:22-cv-01356-CDS-VCF Document 18 Filed 05/01/23 Page 4 of 6 1 D. 2 Motions to Amend or Add Parties: Closed 3 Initial Expert Disclosures: 05/16/2023 4 Rebuttal Expert Disclosure: 06/16/2023 5 Close of Discovery: 07/21/2023 6 Dispositive Motion Deadline: 08/21/2023 7 Joint Pre-Trial Order 09/21/2023 8 E. L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nev ada 89169 702.784 .5200 9 Snell & Wilmer CURRENT SCHEDULE TO COMPLETE REMAINING DISCOVERY: PROPOSED SCHEDULE FOR COMPLETING DISCOVERY: Motions to Amend or Add Parties: Closed 10 Initial Expert Disclosures: 07/17/2023 11 Rebuttal Expert Disclosure: 08/16/2023 12 Close of Discovery: 09/21/2023 13 Dispositive Motion Deadline: 10/23/2023 14 Joint Pre-Trial Order 11/21/2023 15 F. CURRENT TRIAL DATE: 16 No trial is yet scheduled in this matter. A joint proposed pretrial order is currently due on 17 September 21, 2023, or 30 days following this Court's ruling on any dispositive motions, if filed. 18 The parties seek additional time so that the same proposed pretrial order is due November 21, 19 2023, or 30 days after this Court's ruling on dispositive motions. 20 G. REQUEST NUMBER: 21 This is the parties’ third request for extension of the discovery deadlines. 22 Wherefore, the parties respectfully request that the Court grant this request to extend the 23 discovery deadlines as outlined above. 24 IT IS SO AGREED. 25 26 27 28 4877-7921-3138 -4- Case 2:22-cv-01356-CDS-VCF Document 18 Filed 05/01/23 Page 5 of 6 1 2 3 4 5 6 7 8 9 Respectfully submitted by: Dated: April 24, 2023 Dated: April 24, 2023 LADAH LAW FIRM SNELL & WILMER L.L.P. By: /s/ Adrain A. Karimi Ramzy P. Ladah, Esq. Adrain A. Karimi, Esq. 517 S. Third Street Las Vegas, Nevada 89101 By: /s/ Tanya N. Lewis Richard C. Gordon, Esq. Tanya N. Lewis, Esq. 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 Attorneys for Plaintiff Attorneys for Defendant Safeco Insurance Company of America Snell & Wilmer L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nev ada 89169 702.784 .5200 10 11 ORDER 12 Pursuant to stipulation by the parties and for good cause shown, the deadlines and 13 discovery schedule in this case are extended and continued as follows: 14 Motions to Amend or Add Parties: Closed 15 Initial Expert Disclosures: 07/17/2023 16 Rebuttal Expert Disclosure: 08/16/2023 17 Close of Discovery: 09/21/2023 18 Dispositive Motion Deadline: 10/23/2023 19 Joint Pre-Trial Order 11/21/2023 20 If dispositive motions are filed, the deadline for filing the joint pretrial order will be 21 suspended until 30 days after decision on the dispositive motions or further court order. 22 IT IS SO ORDERED. 23 May 1st DATED this _____ day of April, 2023. 24 __________________________________________ 25 UNITED STATES MAGISTRATE JUDGE HONORABLE CAM FERENBACH 26 27 28 4877-7921-3138 -5- Case 2:22-cv-01356-CDS-VCF Document 18 Filed 05/01/23 Page 6 of 6 1 CERTIFICATE OF SERVICE 2 I hereby certify that on this date, I electronically filed the STIPULATION AND ORDER 3 TO AMEND SCHEDULING ORDER AND EXTEND DISCOVERY DEADLINES (Third 4 Request) with the Clerk of the Court for the U.S. District Court, District of Nevada by using the 5 Court’s CM/ECF system. Participants in the case who are registered CM/ECF users will be served 6 by the CM/ECF system. 7 8 DATED this 24th day of April, 2023. 9 /s/ Michelle Shypkoski An employee of SNELL & WILMER L.L.P. 10 Snell & Wilmer L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nev ada 89169 702.784 .5200 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4877-7921-3138 -6-
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