Opinion
2:20-cv-1382-JCM-VCF
10-17-2022
CAPITOL SPECIALTY INSURANCE CORPORATION, a Wisconsin corporation, as assignee of UNITED CONSTRUCTION COMPANY, Plaintiff, v. STEADFAST INSURANCE COMPANY, a Delaware corporation; RHP MECHANICAL SYSTEMS, a Nevada corporation; and AXIS SURPLUS INSURANCE COMPANY, an Illinois corporation, Defendants. AND RELATED CROSSCLAIM
PAYNE & FEARS LLP Sarah J. Odia Scott S. Thomas, Esq. Sarah J. Odia, Esq. Attorneys for Plaintiff/Counter Defendant Capitol Specialty Insurance Corporation MORALES FIERRO & REEVES William Reeves Ramiro Morales, Esq. William Reeves, Esq. Attorneys for Defendant Steadfast Insurance Company TYSON & MENDES Jessica A. West (with permission) Thomas E. McGrath, Esq. Jessica A. West, Esq. Attorneys for Defendant RHP Mechanical Systems COZEN O'CONNOR Michael Melendez (with permission) Michael Melendez, Esq. Teri Mae Rutledge, Esq. Attorneys for Defendant AXIS Surplus
PAYNE & FEARS LLP
Sarah J. Odia
Scott S. Thomas, Esq.
Sarah J. Odia, Esq.
Attorneys for Plaintiff/Counter Defendant
Capitol Specialty Insurance Corporation
MORALES FIERRO & REEVES
William Reeves
Ramiro Morales, Esq.
William Reeves, Esq.
Attorneys for Defendant
Steadfast Insurance Company
TYSON & MENDES
Jessica A. West (with permission)
Thomas E. McGrath, Esq.
Jessica A. West, Esq.
Attorneys for Defendant RHP Mechanical Systems
COZEN O'CONNOR
Michael Melendez (with permission)
Michael Melendez, Esq.
Teri Mae Rutledge, Esq.
Attorneys for Defendant AXIS Surplus
STIPULATION AND [PROPOSED] ORDER FOR LIMITED EXTENSION OF SCHEDULING ORDER DATES
Cam Ferenbach, United States Magistrate Judge
Plaintiff/Counter-Defendant Capitol Specialty Insurance Corporation as assignee of United Construction Company (“CapSpecialty”), Defendant Steadfast Insurance Company (“Steadfast”), Defendant RHP Mechanical Systems (“RHP”), and Defendant AXIS Surplus Insurance Company (“AXIS”) by and through their respective counsel of record, hereby stipulate to extend certain deadlines within the Amended Scheduling Order entered by this Court on August 1, 2022 (ECF No. 112) by thirty (30) days pursuant to LR 26-4 for the limited purpose of resolving pending discovery disputes between CapSpecialty and Steadfast.
CapSpecialty served its First Set of Requests for Admissions, Second Set of Interrogatories, and Second Set of Requests for Production of Documents (“RFPs”) on Steadfast on June 29, 2022. CapSpecialty also served its Third Set of Interrogatories and Third Set of RFPs on Steadfast on July 13, 2022. Steadfast responded and objected to these discovery requests on August 12, 2022. On September 1, 2022, CapSpecialty forwarded a meet and confer letter to Steadfast outlining the reasons CapSpecialty believed that Steadfast's objections and responses to the written discovery requests were insufficient. Steadfast responded to CapSpecialty's meet and confer letter on September 26, 2022. Since then, the parties have been meeting and conferring and Steadfast has agreed to supplement its responses by Friday, October 21, 2022.
Additionally, CapSpecialty served its Fourth Set of Interrogatories and RFPs on Steadfast on September 15, 2022. Steadfast has requested an extension to October 21, 2022 to respond to these requests.
Steadfast and CapSpecialty seek a thirty-day extension of the discovery cut-off date to resolve the current discovery dispute between the parties and any disputes that may arise out of Steadfast's responses to CapSpecialty's Fourth Set of RFPs and Interrogatories.
Furthermore, CapSpecialty's Interrogatories ask Steadfast to identify witnesses who may have information supporting CapSpecialty's claims. The limited extension of the discovery cut-off date is also necessary to the extent that CapSpecialty seeks to notice and/or subpoena such witnesses (who have not yet been disclosed by Steadfast) for deposition.
The parties agree that the extension of the discovery date is for the limited purpose of resolving the discovery disputes between Steadfast and CapSpecialty and to allow CapSpecialty to notice and/or subpoena witnesses that CapSpecialty has asked Steadfast to identify in response to pending discovery requests. Steadfast reserves all rights and objections with regard to any depositions noticed or subpoenaed by CapSpecialty.
The Parties therefore STIPULATE and AGREE to the following amended scheduling order dates:
Close of Discovery for Disputed Discovery Issues: December 5, 2022
Close of Discovery for All Other Issues: November 4, 2022
Filing of Dispositive Motions: January 5, 2023
The deadline to file a proposed Pretrial Order is extended to February 5, 2023, or in the event one or more dispositive motions are filed, thirty (30) days after the Court rules on the last motion.
Extension or Modification of the Discovery Plan and Scheduling Order .
Applications to extend any date set by the discovery plan/scheduling order shall be received by the Court twenty-one (21) days before the date fixed for completion of discovery, or within twenty-one (21) days before the expiration of any extension thereof that may have been approved by the Court.
IT IS SO ORDERED.