Opinion
2:23-cv-01098-GMN-EJY
02-09-2024
LESLIE R. BAKKE, an individual Plaintiffs, v. HARTFORD INSURANCE COMPANY OF THE MIDWEST, Does 1 through 10, inclusive, Defendants.
DAVID R. SIDRAN, ESQ. Nevada Bar No. 7517 SIDRAN LAW CORP Attorney for Plaintiff, LESLIE R. BAKKE STEPHANIE GARABEDIAN, ESQ. Nevada Bar No. 9612 WRIGHT, FINLAY & ZAK, LLP Attorney for Defendant HARTFORD INSURANCE COMPANY OF THE MIDWEST
DAVID R. SIDRAN, ESQ.
Nevada Bar No. 7517
SIDRAN LAW CORP
Attorney for Plaintiff, LESLIE R. BAKKE
STEPHANIE GARABEDIAN, ESQ.
Nevada Bar No. 9612
WRIGHT, FINLAY & ZAK, LLP
Attorney for Defendant HARTFORD INSURANCE COMPANY OF THE MIDWEST
STIPULATION AND ORDER TO EXTEND THE CLOSE OF DISCOVERY, DISPOSITIVE MOTIONS DEADLINE, AND JOINT PRETRIAL ORDER DEADLINE FIRST REQUEST
IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff Leslie R. Bakke, through her counsel of record, the law firm of Sidran Law Corp and Defendant Hartford Insurance Company of the Midwest, through its counsel of record, the law firm of WRIGHT, FINLAY & ZAK, LLP, that the discovery deadlines in this matter shall be extended ninety (90) days pursuant to LR 26-3. This is the parties' first request for an extension of the discovery deadlines. The parties set forth the following information in support of their stipulation.
I.
DISCOVERY COMPLETED TO DATE
A. FRCP 26(a) Disclosures and Supplements
Title
Date
Served Plaintiff's Initial Disclosure of Documents and Witnesses Pursuant to FRCP 26(a)(1)
September 28, 2023
Hartford Insurance Company of the Midwest's Initial Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1)
September 14, 2023
Hartford Insurance Company of the Midwest's First Supplemental Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1)
January 30, 2024
B. Written Discovery
Title
Date
Served Hartford Insurance Company of the Midwest's First Set of Interrogatories to Plaintiff
October 6, 2023
Hartford Insurance Company of the Midwest's First Set of Requests for Admissions to Plaintiff
October 6, 2023
Hartford Insurance Company of the Midwest's First Set of Requests for Production of Documents to Plaintiff
October 6, 2023
Plaintiff's Responses to Hartford Insurance Company of the Midwest's First Set of Requests for Production of Documents to Plaintiff
December 22, 2023
Plaintiff's Responses to Hartford Insurance Company of the Midwest's First Set of Requests for Admissions to Plaintiff
December 22, 2023
Plaintiff's Responses to Hartford Insurance Company of the Midwest's First Set of Interrogatories to Plaintiff
December 22, 2023
C. Depositions
Deponent
Date
Plaintiff Leslie Bakke
January 31, 2024
D. Subpoenas Issued
ATI Physical Therapy
January 5, 2024
Cornerstone Family Practice
January 5, 2024
Innovative Pain Care Center
January 5, 2024
Las Vegas Neurology
January 5, 2024
Brian E. Lee, MD
January 5, 2024
Mariam A. Marvasti, MD
January 5, 2024
Moehrle Clinic
January 5, 2024
Dr. John Moehrle
January 5, 2024
Neurology Center of Nevada
January 5, 2024
PBS Anesthesia
January 5, 2024
SimonMed Imaging
January 5, 2024
Stanford Health Care
January 5, 2024
Steinberg Diagnostic Medical Imaging
January 5, 2024
Surgical Arts Center
January 5, 2024
Spine & Brain Institute
January 5, 2024
Desert Radiology
January 8, 2024
Henderson Hospital
January 31, 2024
II.
DISCOVERY TO BE COMPLETED
1. Plaintiff will take the depositions of Defendant's relevant claims handling personnel who were involved in the investigation, evaluation, and handling of her respective uninsured motorist claim.
2. Plaintiff will take the deposition of the FRCP 30(b)(6) witness for Defendant.
3. The parties will produce their initial and rebuttal expert reports.
4. The parties will depose their respective expert witnesses.
5. The parties will engage in additional written discovery and notice any additional depositions.
The parties anticipate that they may need to conduct other forms of discovery not specifically delineated herein on an as-needed basis. Therefore, the list outlined above is in no way intended to be a comprehensive list of the outstanding discovery that remains to be completed.
III.
REASONS DISCOVERY WAS NOT COMPLETED WITHIN THE TIME LIMITS AND NEEDS TO BE EXTENDED
“[D]istrict courts . . . retain broad discretion to control their dockets ....” Shahrokhi v. Harter, No. 2:21-cv-01126-RFB-NJK, 2021 U.S. Dist. LEXIS 247936, at *4 (D. Nev. Dec. 30, 2021). To prevail on a request to extend discovery deadlines, the parties must establish good cause. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608-09 (9th Cir. 1992). “Good cause to extend a discovery deadline exists if it cannot reasonably be met despite the diligence of the party seeking the extension.” Las Vegas Skydiving Adventures LLC v. Groupon, Inc., No. 2:18-cv-02342-APG-VCF, 2020 U.S. Dist. LEXIS 166073, at *6 (D. Nev. Sep. 10, 2020) (internal quotations omitted). For the reasons set forth below, the parties respectfully submit that good cause supports their request for an extension of the close of discovery, dispositive motions deadline and joint pretrial order deadline.
The parties respectfully request an extension of the discovery deadlines in this matter for numerous reasons. The earliest date on which Plaintiff's retained medical expert can conduct a physical examination of Plaintiff is April 29, 2024. This examination is necessary for Plaintiff to produce her initial expert reports. Further, Defendant has encountered unforeseen delays in obtaining Plaintiff's medical records from numerous healthcare providers, including out-of-state records from Stanford Healthcare in California.
IV.
PROPOSED SCHEDULE FOR COMPLETING DISCOVERY
Current Date
Proposed Date
Amend Pleadings and Add Parties:
March 5, 2024
June 5, 2024
Initial Expert Disclosures:
April 4, 2024
Rebuttal Expert Disclosures:
May 6, 2024
August 5, 2024
Close of Discovery:
June 3, 2024
September 5, 2024
Dispositive Motions
July 3, 2024
October 5, 2024
Joint Pretrial Order
August 2, 2024
November 5, 2024
The actual deadline falls on July 4, 2024, a federal holiday.
Based on the foregoing, the parties respectfully request this Court grant their Stipulation and Order to Extend the Close of Discovery, Dispositive Motions Deadline, and Joint Pretrial Order Deadline (First Request).
ORDER
IT IS SO ORDERED.