Winn v. Shelter Mutual Insurance Company et al, No. 2:2022cv01441 - Document 51 (D. Nev. 2023)
Court Description: ORDER granting 50 Stipulation to Extend Discovery Deadlines. Discovery due by 5/10/2024. Motions due by 6/10/2024. Proposed Joint Pretrial Order due by 7/10/2024. Signed by Magistrate Judge Brenda Weksler on 12/11/2023. (Copies have been distributed pursuant to the NEF - CT)
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Winn v. Shelter Mutual Insurance Company et al 1 2 3 4 5 6 JOHN T. KEATING Nevada Bar No. 6373 KEATING LAW GROUP 9130 W. Russell Road, Suite 200 Las Vegas, Nevada 89148 jkeating@keatinglg.com (702) 228-6800 phone (702) 228-0443 facsimile Attorney for Defendant - Shelter Mutual Insurance Company UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 9 11 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP 10 12 13 14 ASHLEY WINN, 17 18 19 CASE NO. : Plaintiff, vs. 2:22-cv-01441-JCM-BNW STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES SHELTER MUTUAL INSURANCE COMPANY; STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; and DOES I through X, and ROE CORPORATIONS I through X, inclusive, Defendants. 15 16 Doc. 51 [FOURTH REQUEST] Pursuant to LR 6-1 and LR 26-3, the parties, by and through their respective counsel of record, hereby stipulate and request that this Court extend discovery in the above-captioned case by sixty (60) days, up to and including Friday, May 10, 2024. In addition, the parties request that all other future deadlines contemplated by the Discovery Plan and Scheduling 20 Order be extended pursuant to Local Rule. In support of this Stipulation and Request, the 21 parties state as follows: 22 DISCOVERY COMPLETED 23 24 1. On November 16, 2022, the parties conducted an initial FRCP 26(f) conference. 2. On February 24, 2023, Plaintiff served written discovery on Defendant State 25 Farm. State Farm served its Responses on April 13, 2023. 26 3. 27 28 On February 24, 2023, Plaintiff served her FRCP 26 Initial Disclosures. /// 1 Dockets.Justia.com 1 4. 2 3 4 5 6 Disclosures. 5. On March 2, 2023, Defendant Shelter served its FRCP 26 Initial Disclosures. 6. On March 2, 2023, Plaintiff Ashley Winn filed her FRCP 26.1 Initial Disclosures. 7. On April 12, 2023 Defendant Shelter served their responses to Plaintiff Winn’s First Requests for Production. 7 8 8. 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP 9. 11 14 Request for Production. 10. Responses to Defendant State Farm’s 1st set of Request for Production. 16 11. 18 19 12. On September 14, 2023, Plaintiff Ashley Winn filed her responses to Defendant Shelter Insurance’s First Set of Interrogatories and Shelter Insurance’s 1st Set 21 23 On July 5, 2023, Defendant Shelter Mutual Insurance Company filed their 1st set of Interrogatories and Requests for Production to Plaintiff Ashley Winn. 20 22 On May 17, 2023, Plaintiff Ashley Winn filed her Supplemental Answers to Defendant State Farm’s 1st Set of Interrogatories, and Supplemental 15 17 On May 1, 2023, Plaintiff Ashley Winn filed her answers to Defendant State Farm’s 1st Set of Interrogatories, and Defendant State Farm’s 1st set of 12 13 On April 13, 2023, Defendant State Farm filed their Responses to Plaintiff Winn’s First Requests for Production. 9 10 On January 23, 2023, Defendant State Farm served its FRCP 26 Initial of Requests for Production. 13. On October 12, 2023, Defendant Shelter Mutual Insurance Company filed their First Supplemental Disclosures Pursuant to FRCP 26(a)(1). 24 25 14. On October 13, 2023, the deposition of Plaintiff Ashley Winn took place. 26 15. On October 23, 2023, Defendant State Farm served their FRCP 26 First 27 Supplemental List of Witnesses and Documents. 28 2 1 16. 2 On October 31, 2023, Plaintiff served her First Supplement to FRCP 26 Production. 3 4 5 6 7 DISCOVERY REMAINING 1. representatives of Defendant Shelter Mutual Insurance Company. 2. 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 Plaintiff and/or Defendant Shelter will seek to depose State Farm representatives. 8 K E A T I N G LAW GROUP Plaintiff is in the process of scheduling the depositions of two (2) former claims 9 3. Expert disclosures and depositions. 10 4. Rebuttal disclosures and depositions. 11 5. Further, other appropriate discovery may also need to be conducted, including 12 13 14 15 additional written discovery and/or depositions of percipient witnesses. 6. Any and all discovery required as permitted by the Federal Rules of Civil Procedure. 16 WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED 17 The parties aver, pursuant to Local Rule 26-3, that good cause exists for the following 18 requested extension. This Request for an extension of time is not sought for any improper 19 purpose or other purpose of delay. Rather, the parties seek this extension solely for the 20 purpose of allowing sufficient time to conduct discovery. 21 22 23 24 25 The parties have been diligent in moving the case forward: participating in a reasonable amount of discovery, including exchanging their initial lists of witnesses and documents; propounding written discovery requests and preparing responses thereto; records procurement; and preparing for and conducting Plaintiff’s deposition. 26 Plaintiff in this case is incarcerated at Jean Conservation Camp and the parties were 27 only able to depose her on October 13, 2023, after prolonged efforts to coordinate and 28 schedule said deposition. 3 1 2 former Shelter employees. 3 employees and that he would attempt to locate them and coordinate dates. The undersigned 4 5 6 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 7 K E A T I N G LAW GROUP On November 20, 2023, Plaintiff’s counsel sought dates for the depositions of two (2) The undersigned counsel advised that they were former counsel also advised that he would be starting trial beginning December 6, 2023 and continuing through December 15, 2023, and would be unavailable until sometime after trial concluded. Plaintiff’s counsel proposed December 19 and December 20, 2023 for the former 8 Shelter employee depositions. However, this would not give sufficient time to prepare and 9 possibly travel for these depositions after the end of trial. In an effort to accommodate all 10 counsel and parties, all parties have agreed to extend the deadlines another 60 days so that 11 depositions can be conducted in the proper sequence and consistent with the availability of 12 13 14 15 16 the multiple counsel in the case. In addition, the current deadline for expert disclosures is January 11, 2023, and the various claims handling experts would require these depositions, among other State Farm and Shelter representatives and 30(b)(6) witnesses. The current discovery schedule does not allow for this to take place. 17 Extension or Modification of The Discovery Plan and Scheduling Order. LR 26-3 governs 18 modifications or extension of the Discovery Plan and Scheduling Order. Any stipulation or 19 motion to extend or modify that Discovery Plan and Scheduling Order must be made no later 20 than twenty one (21) days before the expiration of the subject deadline and must comply fully 21 22 23 with LR 26-3. This stipulation is made more than 21 days before the expiration of any deadlines. This is the fourth request for extension of time in this matter. The parties respectfully 24 25 submit that the reasons set forth above constitute compelling reasons for the short extension. 26 The deadline to amend pleadings has passed and the parties are not requesting that deadline 27 be reopened. 28 /// 4 1 PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY 2 The parties propose the following extension of the current Scheduling Order Deadlines: 3 4 Scheduled Event Current Deadline Proposed Deadline 5 Discovery Cut-off Monday, March 11, 2024 Friday, May 10, 2024 6 Expert Disclosure pursuant to FRCP 26 (a)(2) Thursday, January 11, 2024 Monday, March 11, 2024 Rebuttal Expert Disclosure pursuant to FRCP. 26(a)(2) Monday, February 12, 2024 Wednesday, April 10, 2024 Dispositive Motions Wednesday, April 10, 2024 Monday, June 10, 2024 Joint Pretrial Order Friday, May 10, 2024 Wednesday, July 10, 2024 7 8 9 11 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP 10 12 If dispositive motions are pending, then the parties will serve their Joint Pretrial Order within thirty days of the Court’s order as to the parties’ dispositive motions. 13 14 15 16 17 18 19 20 21 WHEREFORE, the parties respectfully request that this Court extend the discovery period by sixty (60) days from the current deadline of Wednesday, January 10, 2024, up to and including Friday, May 10, 2024, and the other dates as outlined in accordance with the table above. /// 22 /// 23 /// 24 /// 25 /// 26 27 28 /// /// 5 1 2 3 4 5 6 7 8 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP 9 TRIAL DATE This enlargement of time does not have any effect on trial or calendar call times. Dated this 8th day of December, 2023. Dated this 8th day of December, 2023. KEATING LAW GROUP VANNAH & VANNAH /S/JOHN T. KEATING/___________ JOHN T. KEATING Nevada Bar No. 6373 9130 West Russell Road, Suite 200 Las Vegas, Nevada 89148 Attorney for Defendant Shelter Mutual Insurance Company _/s/ ROBERT D. VANNAH / __ Robert D. Vannah, Esq. Nevada Bar No. 2503 JOHN B. GREENE, ESQ. Nevada Bar No. 4279 400 S. Seventh Street, 4th Floor Las Vegas, Nevada 89101 and Bruce D. Schupp, Esq. Nevada Bar No. 1458 LAW OFFICES OF BRUCE D. SCHUPP 400 South Seventh Street, Fourth Floor Las Vegas, NV 89101 and Brice J. Crafton, Esq. Nevada Bar No. 10558 DEAVER & CRAFTON 810 E. Charleston Blvd. Las Vegas, Nevada 89104 Attorneys for Plaintiff 10 Dated this 8th day of December, 2023. 11 LEWIS BRISBOIS BISGAARD & SMITH, LLP 12 13 14 15 16 _/s/ FRANK A. TODDRE, II /________________ Frank A. Toddre, II, Esq. Nevada Bar No. 11474 6385 S. Rainbow Blvd., Ste. 600 Las Vegas, Nevada 89118 Attorney for Defendant State Farm Mutual Insurance Company 17 18 19 20 21 22 ORDER IT IS SO ORDERED. Dated this 11__ day of December, 2023. 23 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28 6
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