Moran-Treto v. Allstate Insurance Company, No. 2:2023cv00660 - Document 10 (D. Nev. 2023)

Court Description: ORDER Granting 9 Joint Stipulated Discovery Plan. 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 Brenda Weksler on 6/15/2023. (Copies have been distributed pursuant to the NEF - AMMi)

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Moran-Treto v. Allstate Insurance Company Doc. 10 Case 2:23-cv-00660-RFB-BNW Document 10 Filed 06/15/23 Page 1 of 6 1 JARED G. CHRISTENSEN, ESQ. Nevada State Bar No. 11538 2 DELEELA M. WEINERMAN, ESQ. Nevada State Bar No. 13985 3 BREMER WHYTE BROWN & O’MEARA LLP 1160 N. TOWN CENTER DRIVE 4 SUITE 250 LAS VEGAS, NV 89144 5 TELEPHONE: (702) 258-6665 FACSIMILE: (702) 258-6662 6 Attorneys for Defendant, 7 ALLSTATE INSURANCE COMPANY 8 IN THE UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 CHRISTINE MORAN-TRETO, an individual, 12 Plaintiff, 13 vs. 14 ALLSTATE FIRE AND CASUALTY 15 INSURANCE COMPANY, a foreign corporation; DOES I through X, inclusive 16 and ROE BUSINESS ENTITIES I through X, inclusive, 17 Defendants. 18 Case No. 2:23-cv-00660-RFB-BNW JOINT DISCOVERY PLAN AND SCHEDULING ORDER PURSUANT TO FED. R. CIV. P. 26(f) AND LOCAL RULE 26-1(b) SPECIAL SCHEDULING REVIEW REQUESTED Plaintiff Christine Moran-Treto by and through her attorney of record, Ramzy P. 19 20 Ladah, Esq. and Donald P. Paradiso, Esq. of Ladah Law Firm and Defendant Allstate 21 Insurance Company by and through its attorneys of record, Jared G. Christensen, Esq., and 22 Deleela M. Weinerman, Esq. of the law firm Bremer, Whyte, Brown & O’Meara, LLP, 23 hereby submit their Joint Discovery Plan and Scheduling Order Pursuant to Fed. R. 24 Civ. P. 26(f) and Local Rule 26-1(b). Deadlines that fall on a Saturday, Sunday or legal 25 holiday have been scheduled for the next judicial day. 26 /// 27 /// 28 /// 1498.225 4884-4439-6645.1 Dockets.Justia.com Case 2:23-cv-00660-RFB-BNW Document 10 Filed 06/15/23 Page 2 of 6 1 1. Fed. R. Civ. P. 26(f) Meeting: Pursuant to Fed. R. Civ. P. 26(f), counsel for 2 the parties conferred by telephone to develop a proposed discovery plan on 3 June 2, 2023. 4 2. Pre-Discovery Disclosues: Pursuant to Fed. R. Civ. P. 26(a)(1), the parties 5 will make their pre-discovery disclosures, including any and all information 6 required by Fed. R. Civ. P. 26(a)(1) on or before June 16, 2023. 7 3. Areas of Discovery: The parties agree that the area of discovery should 8 include, but not be limited to all claims and defenses allowed pursuant to the 9 Federal Rules of Civil Procedure. 10 4. Discovery Plan: The parties propose the following discovery plan: 11 a. Discovery Cut-Off Date [LR 26-1(b)(1)]: Defendant filed its Answer 12 on May 4, 2023. The proposed last day of discovery shall be January 13 2, 2024, which is calculated as 240 days from Defendant’s Answer in 14 this matter. The parties request a longer perior to conduct discover in 15 order to accommodate the extent of discovery that will be required. 16 Plaintiff has allegedly over $375,000.00 in medical specials. 17 Defendant anticipates obtaining Plaintiff’s’medical records, serving 18 written discovery, deposing treating physicains, and retaining experts 19 (including an expert to conduct an independent medical examination), 20 who will in turn likely be deposed by Plaintiff. Moreover, Plaintiffs 21 will likely retained experts which will need to be deposed by 22 Defendant. As such, the parties respectfully request additional time to 23 conduct discovery in this matter as reflected herein. 24 b. Amendment of Pleadings and Adding of Parties [LR26-1(b)(2)]: 25 The parties shall have until October 4, 2023, to file any motions to 26 amend the pleadings or to add parties. This is 90 days before the 27 proposed discovery cut-off date. 28 2 1498.225 4884-4439-6645.1 Case 2:23-cv-00660-RFB-BNW Document 10 Filed 06/15/23 Page 3 of 6 1 c. Fed. R. Civ. P. 26(a)(2) Disclosures (Experts) [LR26-1(b)(3)]: 2 Disclosure of experts shall proceed according to Fed. R. Civ. P. 3 26(a)(2) and pursuant to LR 26-1(b)(3). The initial disclosure of 4 experts and expert reports shall occur on November 3, 2023, which is 5 60 days before the proposed discovery cut-off date, and the disclosure 6 of rebuttal experts and rebuttal expert reports would be due on 7 December 4, 2023, which is 30 days after the initial disclosure of 8 experts. 9 d. Dispositive Motions [LR 26-1(b)(4)]: The parties shall have until 10 February 1, 2024 to file dispositive motions, which is 30 days after 11 the proposed discovery cut-off date. 12 e. Pre-Trial Order [LR 26-1(b)(5)]: The joint pre-trial order shall be 13 filed by March 4, 2024, which is 30 days after the date set for filing 14 dispositive motions. If a dispostive motion is timely filed, this deadline 15 is suspended until 30 days after a decision on the dispostive motion or 16 further order of the Court. 17 18 f. Trial Readiness: This case should be ready for trial by August or Septmeber of 2024 and is expected to take approximately 7-10 days. 19 g. Fed. R. Civ. P. 26(a)(3) Disclosures [LR 26-1(b)(6)]: Unless 20 otherwise directed by the Court, pretrial disclosures as set out in Fed. 21 R. Civ. P. 26(a)(3) and any objections to them shall be included in the 22 joint pre-trial order. 23 h. Court Conferences: If the Court has questions regarding the dates 24 proposed by the parties, the parties request a conference with the Court 25 before entry of the Scheduling Order. If the Court does not have 26 questions, the parties do not request a conference with the Court. 27 28 i. Extension or Modifications of the Discovery Plan and Scheduling Order: LR 26-3 goverens modifications or extensions of 3 1498.225 4884-4439-6645.1 the Case 2:23-cv-00660-RFB-BNW Document 10 Filed 06/15/23 Page 4 of 6 1 Discovery Plan and Scheduling Order. Any stipulation or motion to 2 extend a deadline set forth in the discovery plan and scheduling order 3 must be made not later than 21 days before the subject deadline. 4 j. Format of Discovery: Pursuant to the eletronic discovery 5 amendments to the Federal Rules of Civil Procedure effective 6 December 1, 2006, the parties addressed the e-discovery issues 7 pertaining to the format of discovery at Fed. R. Civ. P. 26(f) 8 conference. The parties do not anticipate discovery of native files or 9 metadata at this time, but each party reserves the right to make a 10 showing for the need of such electronic data as discovery progresses. 11 5. Alternative Dispute Resolution and Settlement [LR 26-1(b)(7)]: The 12 parties certify that they met and conferred about the possibility of using 13 alternative dispute resolution processes, including mediation, arbitration, and 14 if applicable, an early neutral evaluation. 15 6. Alternative Forms of Case Disposition [LR 26-1(b)(8)]: The parties certify 16 that they considered consent to trial by a Magistrate Judge under 28 U.S.C. 17 636(c) and Fed. R. Civ. P. 73, and the use of the Short Trial Program (General 18 Order 2013-01). 19 7. Electronic Evidence [LR 26-1(b)(9)]: The parties certify that they 20 discussed whether they intend to present evidence in electronic format to 21 jurors for the purposes of jury deliberations. The parties may present 22 evidence in electronic format to jurors for the purposes of jury deliberations 23 in compliance with the Court’s electronic jury evidence display system. 24 /// 25 /// 26 /// 27 /// 28 /// 4 1498.225 4884-4439-6645.1 Case 2:23-cv-00660-RFB-BNW Document 10 Filed 06/15/23 Page 5 of 6 1 2 8. Review of Local Rule 26-1(b): The parties certify that they have read the text of Local Rule 26-1(b), effective as amended May 1, 2016. 3 4 DATED this 14th day of June 2023 DATED this 14th day of June 2023 5 BREMER WHYTE BROWN & O’MEARA LLP 6 LADAH LAW FIRM 7 /s/ Deleela M. Weinerman Jared G. Christensen, Esq. 8 Nevada State Bar No. 11538 9 Deleela M. Weinerman, Esq. Nevada State Bar No. 13985 10 Attorneys for Defendant, Allstate Insurance Company 11 /s/ Donald P. Paradiso Ramzy P. Ladah, Esq. Nevada State Bar No. 11405 Donald P. Paradiso, Esq. Nevada State Bar No. 12845 Attorney for Plaintiff, Christine Moran-Treto 12 13 ORDER IT IS SO ORDERED 14 DATED: 3:20 pm, June 15, 2023 15 16 17 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 5 1498.225 4884-4439-6645.1 Case 2:23-cv-00660-RFB-BNW Document 10 Filed 06/15/23 Page 6 of 6 CERTIFICATE OF SERVICE 1 2 I hereby certify that on this 14th day of June 2023, a true and correct copy of 3 JOINT DISCOVERY PLAN AND SCHEDULING ORDER PURSUANT TO 4 FED. R. CIV. P. 26(f) AND LOCAL RULE 26-1(b) was electronically filed and 5 served upon all parties requesting notice via the United States District Court CM/ECF 6 system. /s/ Alexis Robinson An employee of BREMER WHYTE BROWN & O’MEARA, LLP 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 1498.225 4884-4439-6645.1

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