Plascencia et al v. Hartford Fire Insurance Company, No. 2:2022cv01420 - Document 24 (D. Nev. 2023)
Court Description: ORDER granting 23 Stipulation to extend discovery deadlines. Discovery due by 1/2/2024. Motions due by 2/1/2024. Proposed Joint Pretrial Order due by 3/4/2024. Signed by Magistrate Judge Cam Ferenbach on 7/19/2023. (Copies have been distributed pursuant to the NEF - CT)
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Plascencia et al v. Hartford Fire Insurance Company Doc. 24 Case 2:22-cv-01420-GMN-VCF Document 24 Filed 07/19/23 Page 1 of 6 1 2 3 4 5 6 7 8 DENNIS M. PRINCE Nevada Bar No. 5092 KEVIN T. STRONG Nevada Bar No. 12107 PRINCE LAW GROUP 10801 W. Charleston Boulevard Suite 560 Las Vegas, NV 89135 Tel: (702) 534-7600 Fax: (702) 534-7601 Email: eservice@thedplg.com Attorneys for Plaintiffs Salvador Plascencia and Kyle Hail UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 SALVADOR PLASCENCIA, individually; Case No.: 2:22-cv-01420-GMN-VCF and KYLE HAIL, 13 14 15 Plaintiffs, vs. (Second Request) 18 HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation; DOES, I through X, inclusive; ROE BUSINESS ENTITIES, I through X, inclusive, 19 Defendants. 16 17 STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES 20 21 IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs 22 SALVADOR PLASCENCIA and KYLE HAIL, through their counsel of record, Dennis 23 M. Prince and Kevin T. Strong of PRINCE LAW GROUP and Defendant HARTFORD 24 25 26 27 FIRE INSURANCE COMPANY, through its counsel of record, Darren T. Brenner and Stephanie Garabedian of WRIGHT, FINLAY & ZAK, LLP, that the discovery deadlines in this matter shall be extended ninety (90) days pursuant to LR 26-3. This is the parties’ second request for an extension of the discovery deadlines. The parties set forth the following information in support of their stipulation. 28 10801 W. Charleston Blvd. Suite 560 Las Vegas, NV 89135 Dockets.Justia.com Case 2:22-cv-01420-GMN-VCF Document 24 Filed 07/19/23 Page 2 of 6 1 I. 2 DISCOVERY COMPLETED TO DATE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. FRCP 26(a) Disclosures and Supplements Title Plaintiffs’ Initial Disclosure of Documents and Witnesses Pursuant to FRCP 26(a)(1) Hartford Fire Insurance Company’s Initial Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) Plaintiffs’ First Supplement to Their Initial Disclosure of Documents and Witnesses Pursuant to FRCP 26(a)(1) Hartford Fire Insurance Company’s First Supplemental Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) Plaintiffs’ Second Supplement to Their Initial Disclosure of Documents and Witnesses Pursuant to FRCP 26(a)(1) Hartford Fire Insurance Company’s Second Supplemental Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) Plaintiffs’ Third Supplement to Their Initial Disclosure of Documents and Witnesses Pursuant to FRCP 26(a)(1) Dec. 5, 2022 Jan. 27, 2023 April 17, 2023 May 12, 2023 June 28, 2023 June 29, 2023 B. Written Discovery Title Plaintiff Salvador Plascencia’s First Set of Interrogatories to Defendant Hartford Fire Insurance Company Plaintiff Kyle Hail’s First Set of Interrogatories to Defendant Hartford Fire Insurance Company Plaintiffs’ First Set of Interrogatories to Defendant Hartford Fire Insurance Company Hartford Fire Insurance Company’s First Set of Interrogatories to Plaintiff Salvador Plascencia Hartford Fire Insurance Company’s First Set of Requests for Production of Documents to Plaintiff Salvador Plascencia Hartford Fire Insurance Company’s First Set of Requests for Admissions to Plaintiff Salvador Plascencia Hartford Fire Insurance Company’s First Set of Interrogatories to Plaintiff Kyle Hail Hartford Fire Insurance Company’s First Set of Requests for Production of Documents to Plaintiff Kyle Hail Hartford Fire Insurance Company’s First Set of Requests for Admissions to Plaintiff Kyle Hail Hartford Fire Insurance Company’s Responses to Plaintiff Salvador Plascencia’s First Set of Interrogatories 2 10801 W. Charleston Blvd. Suite 560 Las Vegas, NV 89135 Date Served Nov. 30, 2022 Date Served Feb. 8, 2023 Feb. 8, 2023 Feb. 8, 2023 Mar. 13, 2023 Mar. 13, 2023 Mar. 13, 2023 Mar. 13, 2023 Mar. 13, 2023 Mar. 13, 2023 April 17, 2023 Case 2:22-cv-01420-GMN-VCF Document 24 Filed 07/19/23 Page 3 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Hartford Fire Insurance Company’s Responses to Plaintiff Kyle Hail’s First Set of Interrogatories Hartford Fire Insurance Company’s Responses to Plaintiffs Salvador Plascencia and Kyle Hail’s First Set of Requests for Production of Documents Plaintiff Salvador Plascencia’s Answers to Defendant Hartford Fire Insurance Company’s First Set of Interrogatories Plaintiff Salvador Plascencia’s Responses to Defendant Hartford Fire Insurance Company’s First Set of Requests for Production of Documents Plaintiff Salvador Plascencia’s Responses to Defendant Hartford Fire Insurance Company’s First Set of Requests for Admissions Plaintiff Kyle Hail’s Answers to Defendant Hartford Fire Insurance Company’s First Set of Interrogatories Plaintiff Kyle Hail’s Responses to Defendant Hartford Fire Insurance Company’s First Set of Requests for Production of Documents Plaintiff Kyle Hail’s Responses to Defendant Hartford Fire Insurance Company’s First Set of Requests for Admissions Deponent Plaintiff Salvador Plascencia 18 DISCOVERY TO BE COMPLETED 21 22 23 24 25 26 1. May 10, 2023 May 10, 2023 May 10, 2023 May 10, 2023 May 10, 2023 Plaintiffs will take the depositions of Defendant’s relevant claims handling personnel who were involved in the investigation, evaluation, and handling of their respective underinsured motorist claims. 2. Plaintiffs will take the deposition of the FRCP 30(b)(6) witness for Defendant. 3. Defendant will take the deposition of Plaintiff Kyle Hail on July 20, 2023. 4. The parties will retain and disclose initial expert witnesses and rebuttal expert witnesses. 5. The parties will depose their respective expert witnesses. 27 28 3 10801 W. Charleston Blvd. Suite 560 Las Vegas, NV 89135 May 10, 2023 Date June 30, 2023 II. 20 April 17, 2023 C. Depositions 17 19 April 17, 2023 Case 2:22-cv-01420-GMN-VCF Document 24 Filed 07/19/23 Page 4 of 6 1 2 6. The parties will engage in additional written discovery and notice any additional depositions. 3 The parties anticipate that they may need to conduct other forms of discovery not 4 specifically delineated herein on an as-needed basis. Therefore, the list outlined above 5 6 7 8 is in no way intended to be a comprehensive list of the outstanding discovery that remains to be completed. III. REASONS DISCOVERY WAS NOT COMPLETED WITHIN THE TIME LIMITS AND NEEDS TO BE EXTENDED 9 The parties respectfully request an extension of the discovery deadlines in this 10 matter for numerous reasons. Plaintiffs’ undersigned counsel of record, Dennis M. 11 Prince, conducted two separate trials during the entire month of May. Specifically, from 12 May 1, 2023 through May 16, 2023, Mr. Prince tried the matter of Parfitt v. Vohra, Case 13 14 15 16 17 18 No. A-20-808010-C in the Eighth Judicial District Court, Clark County, Nevada. From May 22, 2023 through June 1, 2023, Mr. Prince tried the matter of Santos v. Funk, Case No. A-20-819657-C in the Eighth Judicial District Court, Clark County, Nevada. Plaintiffs other undersigned counsel of record, Kevin T. Strong, was out of the office and working from home during the months of April and May due to the birth of his son, which occurred on March 22, 2023. Additionally, Mr. Strong has attended various medical appointments for his son throughout the month of June. As a result, Plaintiffs 19 need additional time to take the depositions of Defendant’s claims personnel to ensure 20 that their retained insurance bad faith expert possesses the requisite information 21 needed to author a comprehensive report containing his opinions. 22 Separately, counsel for Plaintiffs and Defendant have attempted to resolve a 23 dispute regarding Defendant’s production of relevant portions of its claims manual, 24 training materials, and other applicable policies and procedures. Defendant has 25 experienced certain unforeseen delays in the production of these documents due to the 26 27 28 manner in which those documents are retained. Defendant’s undersigned counsel has also spent time away from the office due to personal issues, which has also delayed the production of these documents. Defendant expects to produce the documents on or before 4 10801 W. Charleston Blvd. Suite 560 Las Vegas, NV 89135 Case 2:22-cv-01420-GMN-VCF Document 24 Filed 07/19/23 Page 5 of 6 1 July 13, 2023. The parties’ requested extension of the discovery deadlines will allow 2 Plaintiffs to review the documents produced and to file any motion practice regarding 3 the scope and substance of Defendant’s production in advance of the depositions of 4 Defendants’ claims handling personnel. “[D]istrict courts . . . retain broad discretion to control their dockets . . . .” 5 6 7 8 9 10 11 Shahrokhi v. Harter, No. 2:21-cv-01126-RFB-NJK, 2021 U.S. Dist. LEXIS 247936, at *4 (D. Nev. Dec. 30, 2021). To prevail on a request to extend discovery deadlines, the parties must establish good cause. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608-09 (9th Cir. 1992). For the reasons set forth above, the parties respectfully submit that good cause supports their requested stipulation for a ninety (90) day extension of the discovery deadlines. The parties’ requested extension of the discovery deadlines is not made in bad faith or to cause any unnecessary delays in the resolution of this matter. 12 IV. 13 PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 14 Current Date Proposed Date 15 Amend Pleadings and Add Parties: July 3, 2023 Closed 16 Initial Expert Disclosures: August 3, 2023 November 3, 2023 17 Rebuttal Expert Disclosures: September 5, 2023 December 4, 20231 Close of Discovery: October 2, 2023 January 2, 20242 Dispositive Motions November 1, 2023 February 1, 2024 Joint Pretrial Order December 1, 2023 18 19 20 21 22 23 ... ... ... ... 24 25 26 27 28 1 The actual deadline falls on Sunday, December 3, 2023. The actual deadline falls on Sunday, December 31, 2023. Additionally, Monday, January 1, 2024 is a holiday. 2 3 The actual deadline falls on Saturday. March 2, 2024. 5 10801 W. Charleston Blvd. Suite 560 Las Vegas, NV 89135 March 4, 20243 If dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended until 30 days after decision on the dispositive motions or further court order. Case 2:22-cv-01420-GMN-VCF Document 24 Filed 07/19/23 Page 6 of 6 1 Based on the foregoing, the parties respectfully request this Court grant their 2 Stipulation and Order to Extend Discovery Deadlines (Second Request). 3 DATED this 7th day of July, 2023. DATED this 7th day of July, 2023. 4 PRINCE LAW GROUP WRIGHT, FINLAY & ZAK, LLP /s/ Kevin T. Strong DENNIS M. PRINCE Nevada Bar No. 5092 KEVIN T. STRONG Nevada Bar No. 12107 10801 W. Charleston Boulevard Suite 560 Las Vegas, Nevada 89135 Tel: (702) 534-7600 Fax: (702) 534-7601 Attorneys for Plaintiffs Salvador Plascencia and Kyle Hail /s/ Darren T. Brenner DARREN T. BRENNER Nevada Bar No. 8386 STEPHANIE GARABEDIAN Nevada Bar No. 9612 7785 W. Sahara Avenue Suite 200 Las Vegas, Nevada 89117 Tel: (949) 477-5050 Fax: (702) 946-1345 Attorneys for Defendant Hartford Fire Insurance Company 5 6 7 8 9 10 11 12 13 ORDER 14 15 16 17 IT IS SO ORDERED. 7-19-2023 DATED: ___________________________ 18 19 20 21 _______________________________________ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 6 10801 W. Charleston Blvd. Suite 560 Las Vegas, NV 89135
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