Bowling v. GEICO Casualty Company, No. 2:2023cv01184 - Document 11 (D. Nev. 2023)
Court Description: SCHEDULING ORDER Granting 10 Discovery Plan and Scheduling Order. Discovery due by 4/22/2024. Motions due by 5/22/2024. Proposed Joint Pretrial Order due by 6/21/2024. Signed by Magistrate Judge Brenda Weksler on 9/18/2023. (Copies have been distributed pursuant to the NEF - RGDG)
Download PDF
<![CDATA[
Bowling v. GEICO Casualty Company Doc. 11 1 McCormick, Barstow, Sheppard, Wayte & Carruth LLP 2 Jonathan W. Carlson Nevada Bar No. 10536 3 jonathan.carlson@mccormickbarstow.com Cheryl A. Grames 4 Nevada Bar No. 12752 cheryl.grames@mccormickbarstow.com 5 Stacy Norris Nevada Bar No. 15445 6 stacy.norris@mccormickbarstow.com 8337 West Sunset Road, Suite 350 7 Las Vegas, Nevada 89113 Telephone: (702) 949-1100 8 Facsimile: (702) 949-1101 9 Attorneys for GEICO CASUALTY COMPANY 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 **** 13 SUNI BOWLING, an individual, 14 15 Case No. 2:23-cv-01184-JCM-BNW Plaintiff, v. 16 GEICO CASUALTY COMPANY, a Nebraska Corporation; DOES I through X, inclusive; 17 and ROE CORPORATIONS I through X, inclusive, 18 Defendants. 19 [PROPOSED] JOINT DISCOVERY PLAN AND SCHEDULING ORDER SPECIAL SCHEDULING REVIEW REQUESTED 20 21 Pursuant to FRCP 26(f) and LR 26-1, the parties, by and through their respective counsel, 22 hereby submit the following Joint Stipulated Discovery Plan and Scheduling Order for the Court’s 23 approval. 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 WEST SUNSET ROAD, SUITE 350 LAS VEGAS, NV 89113 Case No. 2:23-cv-01184-JCM-BNW [PROPOSED] JOINT DISCOVERY PLAN AND SCHEDULING ORDER Dockets.Justia.com 1 I. PROCEDURAL HISTORY 2 3 Plaintiff filed her Complaint on June 22, 2023, in the Eighth Judicial District Court of 4 Nevada, Clark County. Defendant GEICO was served with a copy of the Complaint and Summons 5 through service on the Nevada Insurance Commissioner on June 26, 2023. 6 Defendant filed their Petition for Removal on July 26, 2023 [Doc. 1], and filed their Motion 7 to Dismiss on August 2, 2023. [Doc. 5]. Plaintiff filed her Opposition to GEICO’s Motion to Dismiss 8 on August 16, 2023 [Doc. 7], and GEICO filed its Reply on August 23, 2023. [Doc. 8]. At the 9 Court’s request, Defendant filed their Statement Regarding Removal on August 10, 2023. [Doc. 6]. 10 II. PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER 11 12 A. Fed. R. Civ. P. 26(f) Meeting 13 Pursuant to Fed. R. Civ. P. 26(f), a conference was held on August 25, 2023. Michael Kane, 14 Esq. attended for Plaintiff Suni Bowling, and Stacy Norris, Esq. attended for Defendant GEICO 15 Casualty Company. 16 B. Changes to Pre-Discovery Disclosures 17 Pursuant to FRCP 26(f)(3)(A), the parties stipulate that there shall be no changes to the form 18 or requirement for disclosures under FRCP 26(a). The parties have stipulated that disclosures under 19 FRCP 26(a) shall be made on or before September 8, 2023, including, but not limited, to any 20 Computation(s) of Damages required pursuant to FRCP 26(a)(i)(A)(iii). 21 C. Areas of Discovery 22 The parties agree that all discovery allowed under the Federal Rules of Civil Procedure, 23 including by Rule 26(b), Rule 30, Rule 33, Rule 34, and Rule 36 should be permitted, such that the 24 parties may obtain discovery regarding any non-privileged matter that is relevant to any party’s 25 claim or defense, and proportional to the needs of the case, subject to the limitations imposed by 26 Rule 26(b)(2). 27 D. Issues with Electronically Stored Information 28 The parties stipulate that there are no issues pertaining to the disclosure, discovery, or MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 WEST SUNSET ROAD, SUITE 350 LAS VEGAS, NV 89113 Case No. 2:23-cv-01184-JCM-BNW 2 [PROPOSED] JOINT DISCOVERY PLAN AND SCHEDULING ORDER 1 preservation of electronically stored information. The parties anticipate, however, that this case will 2 involve or require the inspection or production of electronically stored information (“ESI”). To the 3 extent a party requests ESI, the parties agree that the ESI can be produced in paper format, as an 4 image (e.g., pdf, jpg, or tiff), or via hard electronic copy (e.g., CD-ROM, DVD, or Dropbox.com). 5 The parties will cooperate in good faith to ensure that ESI is produced in a readily identifiable (and 6 readable) format. 7 E. Issues Regarding Privilege or Protection 8 The parties agree to be bound by Federal Rule of Evidence 502 regarding the disclosure of 9 privileged material or work product. Further, the parties acknowledge and agree that while each 10 taking reasonable steps to identify and prevent disclosure of any document (or information) that 11 they believe is privileged, there is a possibility that certain privileged material may be produced 12 inadvertently. Accordingly, the parties agree that a party who produces a document protected from 13 disclosure by the attorney-client privilege, attorney work product doctrine, or any other recognized 14 privilege (“privileged document”) without intending to waive the claim of privilege associated with 15 such document shall promptly, meaning within fifteen (15) days after the producing party actually 16 discovers that such inadvertent disclosure occurred, amend its discovery response and notify the 17 requesting party that such document was inadvertently produced and should have been withheld. 18 Once the producing party provides such notice to the requesting party, the requesting party 19 must promptly, meaning within seventy-two (72) hours, return the specified document(s) and any 20 copies thereof. By complying with this obligation, the requesting party does not waive any right to 21 challenge the assertion of privilege and request an order of the court denying such privilege. 22 F. Discovery Plan 23 1. 24 The parties herein stipulate that the discovery period shall be 270 days from July 26, 2023. Close of Discovery Date 25 Therefore, the close of discovery shall be Monday, April 22, 2024. 26 27 a. Special Scheduling Review Request The parties request a discovery period in excess of 180 days due to the complexity of issues 28 and the scope of this case. Plaintiff has alleged significant damages resulting from the subject motor MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 WEST SUNSET ROAD, SUITE 350 LAS VEGAS, NV 89113 Case No. 2:23-cv-01184-JCM-BNW 3 [PROPOSED] JOINT DISCOVERY PLAN AND SCHEDULING ORDER 1 vehicle accident, including physical impairment, medical damages for past medical treatment, 2 medical damages and estimates for future medical treatment, mental anguish, loss of enjoyment of 3 life past, present, and future, and pain and suffering. Plaintiff’s Complaint details Plaintiff’s alleged 4 $131,135.87 in past medical specials and $2,061,415.84 in future medical specials, with Plaintiff’s 5 valuation of her case well over $2,000,000. [Doc. 1-1]. 6 The parties therefore respectfully request an extended discovery period of 270-days due to 7 the volume of treating providers, the amount of damages claimed, and the complexity of issues in 8 this matter. 9 10 2. Amending the Pleadings or Adding Parties The parties shall have until Monday, January 23, 2024 to file any motions to amend the 11 pleadings or add parties. This is ninety (90) days prior to the close of discovery. 12 3. 13 Disclosure of experts shall proceed according to FRCP Rule 26(a)(2)(D) and LR 26-1(b)(3) FRCP 26(a)(2) Disclosure of Experts 14 as follows: 15 - The disclosure of experts and their reports shall occur on or before 16 Tuesday, February 21, 2024. 17 - The disclosure of rebuttal experts and their reports shall occur on or before 18 Thursday, March 23, 2024. 19 These deadlines are sixty (60) days before the discovery cut-off date and thirty (30) days 20 after the initial disclosure of experts. 21 4. 22 The parties shall have until Monday, May 22, 2024 to file dispositive motions. This is thirty Dispositive Motions 23 (30) days after the discovery cut-off date, as required by LR 26-1(b)(4). 24 5. 25 The parties will prepare a consolidated Pre-Trial Order on or before Wednesday, June 21, Pre-Trial Order 26 2024, which is not more than thirty (30) days after the date set for filing dispositive motions in this 27 case, as required by LR 26-1(b)(5). In the event dispositive motions are filed, the date for filing the 28 joint pretrial order shall be suspended until thirty (30) days after decision of the dispositive motions MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 WEST SUNSET ROAD, SUITE 350 LAS VEGAS, NV 89113 Case No. 2:23-cv-01184-JCM-BNW 4 [PROPOSED] JOINT DISCOVERY PLAN AND SCHEDULING ORDER 1 or further order of the Court. The disclosure required by FRCP Rule 26(a)(3), and objections thereto, 2 shall be made in the pre-trial order. 3 6. 4 LR 26-4 governs modifications or extensions of this Discovery Plan and Scheduling Order. Modifications of the Discovery Plan and Scheduling Order 5 Any stipulation or motion must be made at least twenty-one (21) days prior to the expiration of any 6 extension thereof that may have been approved by the Court, or at least twenty-one (21) days prior 7 to the expiration of the subject deadline. 8 G. Certifications 9 Lastly, pursuant to LR 26-1(b)(7-9),the parties certify as follows: 10 1. 11 The parties certify that they met and conferred about the possibility of using alternative Alternative Dispute Resolutions 12 dispute-resolution processes including mediation, arbitration, early neutral evaluation. 13 2. 14 The parties certify that they considered consent to trial by magistrate judge under 28 U.S.C. Alternative Forms of Case Disposition 15 § 636(c) and Fed. R. Civ. P. 73 and the use of the Short Trial Program (General Order 2013-01). At 16 this time, they withheld their mutual consent to such forms of alternative case disposition, and 17 agreed to discuss more at a later date. 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 WEST SUNSET ROAD, SUITE 350 LAS VEGAS, NV 89113 Case No. 2:23-cv-01184-JCM-BNW 5 [PROPOSED] JOINT DISCOVERY PLAN AND SCHEDULING ORDER 1 3. 2 The parties certify that they discussed whether they intend to present evidence in electronic Electronic Evidence 3 format to jurors for the purposed of the jury deliberations and that no stipulations have been reached 4 as of the filing of this plan regarding providing discovery in an electronic format compatible with 5 the court’s electronic jury evidence display system. 6 Dated this 15th day of September, 2023. 7 IT IS SO STIPULATED. 8 9 THE702FIRM MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH, LLP. 10 /s/ Michael Kane 11 ________________________ MICHAEL C. KANE, ESQ. 12 Nevada Bar No. 10096 BRADLEY J. MYERS, ESQ. 13 Nevada Bar No. 8857 14 MATTHEW P. PAWLOWSKI, ESQ. Nevada Bar No. 9889 15 8335 W. Flamingo Road Las Vegas, NV 89147 16 Attorneys for Plaintiff /s/ Stacy Norris ___________________________ JONATHAN W. CARLSON, ESQ. Nevada Bar No. 10536 CHERYL A. GRAMES, ESQ. Nevada Bar No. 12752 STACY NORRIS, ESQ. Nevada Bar No. 15445 8337 W. Sunset Road, Suite 350 Las Vegas, NV 89113 Attorneys for Defendant 17 18 ORDER 19 20 IT IS SO ORDERED. 21 Dated this 18th day of September, 2023. 22 23 ________________________________ U.S. DISTRICT COURT MAGISTRATE JUDGE 24 25 26 27 28 MCCORMICK, BARSTOW, SHEPPARD, W AYTE & CARRUTH LLP 8337 WEST SUNSET ROAD, SUITE 350 LAS VEGAS, NV 89113 Case No. 2:23-cv-01184-JCM-BNW 6 [PROPOSED] JOINT DISCOVERY PLAN AND SCHEDULING ORDER
]]>
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.
