Allstate Indemnity Company v. Cooper et al, No. 2:2023cv00685 - Document 21 (D. Nev. 2023)
Court Description: ORDER Granting 20 Stipulated Discovery Plan. Discovery due by 11/21/2023. Motions due by 12/21/2023. Proposed Joint Pretrial Order due by 1/22/2024. Signed by Magistrate Judge Daniel J. Albregts on 8/2/2023. (Copies have been distributed pursuant to the NEF - AMMi) (Main Document 21 replaced on 8/3/2023) (AMMi).
Download PDF
<![CDATA[
Allstate Indemnity Company v. Cooper et al 1 2 3 4 Doc. 21 Case Document 21 Filed 08/02/23 Page 1 of 7 JOHN 2:23-cv-00685-CDS-DJA T. KEATING Nevada Bar No. 6373 K E A T I N G 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 Plaintiff 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF NEVADA 8 9 ALLSTATE INDEMNITY COMPANY, CASE NO.: 2:23-cv-00685-CDS-DJA Plaintiff, 11 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP 10 12 13 14 15 16 vs. PROPOSED STIPULATED DISCOVERY PLAN AND SCHEDULING ORDER BRYAN COOPER, an individual, STEPHANIE COOPER, an individual, MATTHEW MOORE, an individual, SHANNON MOORE, an individual, THE ROSE DOMKA FAMILY TRUST, a Nevada trust, DOES I through X; and ROE CORPORATIONS I through X, inclusive, 17 Defendants. 18 STIPULATED DISCOVERY PLAN AND SCHEDULING ORDER SUBMITTED IN COMPLIANCE WITH LOCAL RULE 26-1(e) 19 20 Pursuant to Fed. R. Civ. P. 26(f) and Local Rule 26(1), Plaintiff Allstate Indemnity 21 Company, Defendants Bryan Cooper and Stephanie Cooper, by and through their 22 undersigned counsel of record, and Defendant in Pro Per Shannon Moore hereby stipulate 23 24 to and request that the Court enter the following discovery plan and scheduling order 25 (deadlines that fall on a Saturday, Sunday, or legal holiday have been scheduled for the next 26 judicial day): 27 1. Discovery Conference. The Fed. R. Civ. P. 26(f) planning meeting was held on 28 1 Dockets.Justia.com Case 2:23-cv-00685-CDS-DJA Document 21 Filed 08/02/23 Page 2 of 7 1 June 21, 2023, for the parties to meet and confer to discuss discovery in this case. In 2 attendance were John T. Keating, Esq. on behalf of the Plaintiff, Justin R. Watkins, Esq. on 3 behalf of Defendants Bryan Cooper and Stephanie Cooper, and Shannon Moore appeared in 4 Pro Per. The parties will provide their initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) 5 on or before August 7, 2023. 6 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP 7 2. Plaintiff filed its Complaint on May 1, 2023. Service of Process was 8 effectuated on the Cooper Defendants on or about May 3, 2023. Service of Process was 9 effectuated on the Moore Defendants as well as The Rose Domka Family Trust on or about 10 May 3, 2023. On May 25, 2023, the Cooper Defendants filed a Motion to Dismiss, or in the 11 Alternative to Stay Plaintiff’s Declaratory Judgment Action. Also on May 25, 2023, Defendant 12 Shannon Moore filed her Answer. 13 3. Discovery Plan: 14 a. It is anticipated that discovery may be conducted on all claims and 15 16 defenses presented by the parties’ pleadings and discovered in the 17 discovery process. Discovery will be completed by November 21, 2023 18 which is 180 days from the date the Cooper Defendants filed their 19 Motion to Dismiss and Defendant Shannon Moore filed her Answer to 20 Plaintiff’s Complaint (May 25, 2023). (This does not exceed the one 21 hundred eighty (180) day presumptive outside limit set by LR 26(b)(1) 22 for completing discovery.) It is not necessary that discovery be 23 conducted in phases or be limited to or focused on particular issues. 24 25 b. The parties agree to depositions of no more than seven (7) hours each 26 in accordance with Rule 30(d)(1) unless the parties expressly agree to 27 extend a specific deposition. 28 2 Case 2:23-cv-00685-CDS-DJA Document 21 Filed 08/02/23 Page 3 of 7 1 c. With respect to the production of electronically stored information, in 2 addition to the provisions of Rule 26(b)(2)(B), the parties agree to the 3 following procedures regarding discovery of electronically stored 4 information: 5 1. Electronic files and e-mail. 6 With respect to electronic files, including e-mail, the parties may 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP 7 8 use reasonable keyword searching to identify electronically 9 stored information reasonably likely to have discoverable 10 information. (Each party will keep list of all keywords used to 11 conduct its search and produce the list upon the request of the 12 other party.) The parties will meet and confer in good faith to 13 resolve any disputes regarding electronic file searching, e-mail 14 searching, or electronic discovery. 15 16 2. Form of production. 17 The parties agree that all documents produced in this action will 18 be exchanged electronically in pdf or other commonly readable 19 format with case-related page numbering. If a party later seeks 20 discovery of documents in native format, the parties shall confer 21 to reach an agreement regarding what, if any, associated 22 metadata shall be produced. The parties also reserve the right 23 24 to request production of certain documents in their native 25 format (e.g., MS Excel files or their equivalent, MS PowerPoint 26 presentations or their equivalent, etc.) and will meet and confer 27 regarding such production as necessary and appropriate. 28 3 Case 2:23-cv-00685-CDS-DJA Document 21 Filed 08/02/23 Page 4 of 7 1 d. Claims of Privilege or Protection as Trial-Preparation Material. The 2 parties have agreed to the following regarding claims of privilege or of 3 protection of trial-preparation materials: 4 A party claiming that any item within the scope of discovery is 5 protected as either privileged or as trial-preparation material pursuant 6 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP 7 to Fed. R. Civ. P. 26(b)(5), must submit a detailed privilege log detailing 8 the nature of the privilege or the basis for each item’s protection as trial 9 preparation material at the time of production. Further, the parties 10 shall comply with Rule 4.4(b) of the Nevada Rules of Professional 11 Conduct, which states as follows: “A lawyer who receives a document 12 relating to the representation of the lawyer’s client and knows or 13 reasonably should know that the document was inadvertently sent shall 14 promptly notify the sender.” Moreover, in the event that any party 15 16 produces material or documents without intending to waive a claim of 17 privilege or confidentiality, the Discloser of the document does not 18 waive any claim of privilege or confidentiality if, within a reasonable 19 amount of time after the disclosure the Discloser notifies all other 20 parties (the “Recipient(s)”) of the inadvertent disclosure of privileged or 21 confidential items, identifying the material or documents produced and 22 stating the privilege or confidentiality provision asserted. A reasonable 23 24 25 failure to diligently screen documents before producing them does not waive a claim of privilege or confidentiality. 26 If the Discloser asserts that it inadvertently produced privileged 27 or confidential items in accordance with the “clawback” provisions of 28 4 Case 2:23-cv-00685-CDS-DJA Document 21 Filed 08/02/23 Page 5 of 7 1 this Joint Discovery Plan, and the Recipient(s) do not contest the claim 2 of privilege or the timing of the claim of privilege, the Recipient(s) will 3 return the specified material or documents and any copies within seven 4 (7) days of the notification, and will permanently destroy any electronic 5 copies of such specified material or documents and affirm in writing to 6 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP 7 counsel for the Discloser of such destruction. In the event that the 8 Recipient(s) contends the documents are not subject to privilege or 9 confidentiality as asserted by the Discloser the documents will be 10 deemed “Confidential” and will not be disclosed in any manner until a 11 decision is made by the court regarding the alleged privilege. The 12 parties agree that any review of such disputed items by the Court shall 13 be in camera. If the court determines the documents are privileged 14 and that the privilege has not been waived, the return and destruction 15 16 provisions of this paragraph shall apply. If the court does not rule that 17 the documents are privileged, the parties will proceed in accordance 18 with the court’s order. 19 Should the Recipient(s) not challenge the Discloser’s claim of 20 privilege or confidentiality, or should the Court determine that the 21 documents are in fact subject to privilege or confidentiality, the 22 documents, or information contained therein or derived therefrom, may 23 24 not be used in this action or against the Discloser in any future litigation 25 or arbitration brought by the Receiving party(ies). Nothing contained 26 herein shall be deemed to waive any objection that any party may wish 27 to assert under applicable state or federal law. 28 5 Case 2:23-cv-00685-CDS-DJA Document 21 Filed 08/02/23 Page 6 of 7 e. 1 In addition, in order to facilitate the free flow of information and protect 2 against the disclosure of certain confidential documents and other 3 confidential proprietary information, including, but not limited to 4 financial, marketing, and training information, the parties will agree to 5 and present to the Court for approval, a suitable protective order. 6 f. 7 imposed under the rules or procedure and local rules. 8 g. 9 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP 12 There are no additional orders that should be entered by the Court at this time under FRCP 26(c) or 16(b) and (c). 10 11 The parties have not agreed to any changes or limitations on discovery 4. Scheduling Order. In accordance with LR 26-1(3)2) through (e)(6) and 26-3, the following events shall occur on or before the following dates: 13 EVENT DATE a. Discovery deadline: November 21, 2023 16 b. Motions to amend pleadings and add parties: August 23, 2023 17 c. Expert disclosures pursuant to Rule 26(a)(2)(C) 14 15 18 i. Initial Experts: September 22, 2023 19 ii. Rebuttal expert disclosures October 23, 2023 20 21 d. Dispositive motions filed: e. Joint Pretrial Order December 21, 2023 22 i. If no dispositive motions are filed: January 22, 2024 ii. If dispositive motions are filed: 30 days after the disposition of dispositive motions 23 24 25 26 f. The disclosures required by Fed. R. Civ. P. 26(a)(3) and any objections thereto shall be included in the Pre-Trial Order. 5. Extensions or Modifications of the Discovery Plan and Scheduling Order. Local 27 28 6 Case 2:23-cv-00685-CDS-DJA Document 21 Filed 08/02/23 Page 7 of 7 1 Rule 26-3 governs modifications of extensions of this discovery plan and scheduling order. 2 Any stipulation or motion must be received by the Court no later than twenty-one (21) days 3 before the expiration of the subject deadline and comply fully with Local Rule 26-3 and 6-1. 4 6. The parties certify that they have considered the use of alternative dispute- 5 resolution processes including mediation, arbitration, and early neutral evaluation. 6 7 under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, use of the Short Trial Program (General Order 9 2013- 01). 11 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 The parties certify that they have considered consent to trial by a magistrate 8 10 K E A T I N G LAW GROUP 7. 12 AGREED AND ACCEPTED: Dated this 1st day of August, 2023. Dated this 1st day of August, 2023. KEATING CRAIG P. KENNY & ASSOCIATES LAW GROUP 13 14 /S/ JOHN T. KEATING / 17 JOHN T. KEATING, ESQ. Nevada Bar No.: 6373 9130 W. Russell Road, Ste. 200 Las Vegas NV 89148 Attorney for Plaintiff 18 Dated this 1st day of August, 2023. 15 16 /S/ BILLIE-MARIE MORRISON / BILLIE-MARIE MORRISON, ESQ. 501 S. 8th Street Las Vegas, Nevada 89101 Attorney for Defendants Bryan Cooper and Stephanie Cooper 19 20 21 22 /S/ SHANNON MOORE / SHANNON MOORE 5461 Genoa Avenue Pahrump, Nevada 89060 Defendant in Pro Per 23 24 IT IS SO ORDERED: 25 UNITED STATES MAGISTRATE JUDGE 26 27 28 DATED: August 2, 2023 CASE NO.: 2:23-cv-00685-CDS-DJA 7
]]>
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.
