Thorn v. Axis Insurance Company, No. 2:2023cv02093 - Document 15 (D. Nev. 2024)
Court Description: ORDER Granting 14 Stipulation for Extension of Time. Discovery due by 10/15/2024. Motions due by 11/14/2024. Signed by Magistrate Judge Daniel J. Albregts on 4/17/2024. (Copies have been distributed pursuant to the NEF - AMMi) (Main Document 15 replaced on 4/18/2024) (AMMi).
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Thorn v. Axis Insurance Company Doc. 15 1 2 3 4 5 6 7 8 Jan K. Tomasik, Esq. Nevada Bar No.15104 Jonathan A. Rich, Esq. Nevada Bar No. 15312 COZEN O’CONNOR 500 North Rainbow Blvd., Suite 300 Las Vegas, NV 89107 Telephone: 702-470-2330 Facsimile: 702-470-2370 Email: JTomasik@cozen.com Email: JARich@cozen.com Attorney for Axis Insurance Company. 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 JOHNNY WAYNE THORN, an individual, Plaintiff, 14 15 16 17 18 CASE NO. 2:23-cv-02093-JAD-DJA JOINT STIPULATION TO EXTEND DISCOVERY DEADLINES vs. AXIS INSURANCE COMPANY, an insurance company doing business in Nevada; DOES I through X, inclusive; XYZ CORPORATIONS XI through XX; and ABC LIMITED LIABILITY COMPANIES XXI through XXX, 19 (FIRST REQUEST) Defendants. 20 21 Plaintiff JOHNNY WAYNE THORN (“Plaintiff”) and Defendant AXIS INSURANCE 22 COMPANY (“Defendant”) (together, the “Parties”), through each Parties’ counsel of record, hereby 23 file this Joint Stipulation to Extend Discovery Deadlines (First Request) (the “Motion”). This Motion 24 is filed in accordance with LR 26-3. For the reasons set forth below, the Parties respectfully request 25 this Court extend the current discovery deadlines by one hundred and twenty (120) days. This is the 26 first motion to extend the discovery deadlines. 27 28 70021752\1 Dockets.Justia.com 1 I. INTRODUCTION 2 This is an action by Plaintiff against Defendant seeking benefits under a underinsured motorist 3 policy. On November 16, 2020, Plaintiff claims that he sustained injuries arising out of a motor vehicle 4 accident. Plaintiff claims that as a result of the subject accident, he underwent a anterior cervical 5 discectomy and fusion surgery. Plaintiff’s past medical expenses equate to $159,961.97 and a wage 6 loss claim for $111,011.54. 7 II. DISCOVERY COMPLETED TO DATE 8 1. The parties conducted the Rule 26(f) conference on January 17, 2024. 9 2. The parties have exchanged their Rule 26(a)(1) disclosures and supplements thereto. 10 3. The parties have propounded and responded to written discovery. 11 12 13 III. DISCOVERY TO BE COMPLETED 1. The parties are continually attempting to obtain Plaintiff’s pre-accident medical records and films. The parties have been diligently working to obtain medical records thus far. 14 2. The parties have scheduled a mediation to take place on August 12, 2024 as explained below.’ 15 3. Before mediation, the parties will notice Plaintiff’s deposition. 16 4. Additional written discovery 17 5. Additional depositions 18 6. Expert disclosures 19 7. Rebuttal expert disclosures 20 8. Expert depositions 21 IV. 22 REASONS WHY DISCOVERY WAS NOT COMPLETED WITHIN TIME LIMITS AND NEED FOR DISCOVERY TO BE EXTENDED 23 This is the first request to extend discovery deadlines. Good cause also exists in that the parties 24 have been active in discovery, and have scheduled a mediation of this case after the requisite discovery 25 has been taken to do so. Additionally, the parties are still obtaining relevant medical records related to 26 Plaintiff’s preexisting neck conditions pre-dating the subject accident. The parties have scheduled a 27 mediation with Hon. Trevor Atkins (Ret.) to take place on August 12, 2024. Before the mediation 28 2 70021752\1 1 takes place, the parties will also notice a deposition of Plaintiff. As such, the parties request a 120-day 2 extension to the below future deadlines and trial dates. 3 V. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 4 EVENT 5 EXISTING DEADLINE PROPOSED NEW DEADLINE 6 Last Day to File Motion to 7 March 18, 2024 CLOSED Amend Pleadings/Add Parties 8 9 Initial Expert Disclosures April 17, 2024 August 15, 2024 10 Rebuttal Expert Disclosures May 17, 2024 September 16, 2024 Completion of Discovery June 17, 2024 October 15, 2024 Dispositive Motions July 17, 2024 November 14, 2024 11 12 13 14 /// 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 70021752\1 1 WHEREFORE, the Parties respectfully request that the Court extend the current discovery 2 deadlines by one hundred and twenty (120) days. 3 Dated: April 16, 2024 Dated: April 16, 2024 4 COZEN O’CONNOR KIDWELL & GALLAGHER /s/ Jan K. Tomasik Jan K. Tomasik, Esq. Nevada Bar No.15104 Jonathan A. Rich, Esq. Nevada Bar No. 15312 500 North Rainbow Blvd., Suite 300 Las Vegas, Nevada 89107 Attorneys for Defendant Axis Insurance Company /s/ Barbara W. Gallagher Barbara W. Gallagher Nevada Bar No. 5315 790 Commercial Street Elko, Nevada 89801 Attorneys for Plaintiff Johnny Wayne Thorn 5 6 7 8 9 10 11 12 13 14 15 IT IS SO ORDERED. 16 17 18 UNITED STATES MAGISTRATE JUDGE 19 Dated: 20 21 22 23 24 25 26 27 28 4 70021752\1 4/17/2024 From: To: Cc: Subject: Date: Barbara Gallagher Tomasik, Jan K. cassie@kidwellgallagher.com; Rich, Jonathan A.; Calderon, Erika; Hampton, Regina Re: FW: Activity in Case 2:23-cv-02093-JAD-DJA Thorn v. Axis Insurance Company Order on Stipulation Tuesday, April 16, 2024 9:29:19 AM **EXTERNAL SENDER** Looks good, thank you. You may affix my e-signature. On Tue, Apr 16, 2024 at 9:04 AM Tomasik, Jan K. <JTomasik@cozen.com> wrote: Hi Barbara, I amended the joint motion to extend, per yesterday’s minute order instructions. Please let me know if we may affix your e-signature for filing today. If you require any changes, please let us know. Thx Jan K. Tomasik, Esq. Office Managing Attorney | Cozen O'Connor 500 North Rainbow Blvd. Suite 300, Las Vegas, NV 89107 Cell / Text: 702-806-1138 - O: 702-470-2317 - F: 702-470-2353 Email | Map | cozen.com - From: Barbara Gallagher <barbara@kidwellgallagher.com> Sent: Monday, April 15, 2024 5:14 PM To: Tomasik, Jan K. <JTomasik@cozen.com> Cc: cassie@kidwellgallagher.com; Rich, Jonathan A. <JARich@cozen.com> Subject: Re: FW: Activity in Case 2:23-cv-02093-JAD-DJA Thorn v. Axis Insurance Company Order on Stipulation **EXTERNAL SENDER** I just saw that and sorry I did not catch that either. I will look for it in the morning. Thanks. On Mon, Apr 15, 2024 at 4:01 PM Tomasik, Jan K. <JTomasik@cozen.com> wrote: Hi Barbara, It looks like I made an error in the stip. I will look at this in the AM and send over a revised version of the stipulation for your review. Thx, ID Jan K. Tomasik, Esq. Office Managing Attorney | Cozen O'Connor 500 North Rainbow Blvd. Suite 300, Las Vegas, NV 89107 Cell / Text: 702-806-1138 - O: 702-470-2317 - F: 702-470-2353 Email | Map | cozen.com - From: cmecf@nvd.uscourts.gov <cmecf@nvd.uscourts.gov> Sent: Monday, April 15, 2024 3:39 PM To: cmecfhelpdesk@nvd.uscourts.gov Subject: Activity in Case 2:23-cv-02093-JAD-DJA Thorn v. Axis Insurance Company Order on Stipulation **EXTERNAL SENDER** This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply. United States District Court District of Nevada Notice of Electronic Filing The following transaction was entered on 4/15/2024 at 3:39 PM PDT and filed on 4/15/2024 1 CERTIFICATE OF SERVICE 2 Pursuant to Fed. R. Civ. P. 5(b), I certify that I am an employee of COZEN O’CONNOR, and that 3 on this 16th day of April, 2024, I served a true and correct copy of the foregoing JOINT MOTION 4 TO EXTEND DISCOVERY as follows: 5 6 by placing same to be deposited for mailing in the United States Mail, in a sealed envelope upon which first class postage was prepaid in Las Vegas, Nevada; via electronic means by operation of the Court’s electronic filing system, upon each party in this case who is registered as an electronic case filing user with the Clerk; 7 8 9 10 11 12 Barbara W. Gallagher, Esq. KIDWELL & GALLAGHER, LTD. 790 Commercial Street Elko, NV 89801 Email: barbara@kidwellgallager.com Attorneys for Plaintiff 13 By /s/ Marison Zafra An Employee of Cozen O’Connor 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 70021752\1
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