Opinion
2:22-cv-1768-RFB-DJA
07-18-2023
PAULA CHMIEL, individually; Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Foreign Company; DOES I through X, inclusive; ROE CORPORATIONS XI through XX, inclusive, Defendants.
ROBERT W. FREEMAN Nevada Bar 3062 FRANK A. TODDRE, II Nevada Bar, 11474 LEWIS BRISBOIS BISGAARD & SMITH LLP Attorneys for Defendant State Farm Mutual Automobile Insurance Company Alison M. Brasier, Esq. Nevada Bar No. 10522 Attorneys for Plaintiff Paula Chmiel
ROBERT W. FREEMAN Nevada Bar 3062 FRANK A. TODDRE, II Nevada Bar, 11474 LEWIS BRISBOIS BISGAARD & SMITH LLP Attorneys for Defendant State Farm Mutual Automobile Insurance Company
Alison M. Brasier, Esq. Nevada Bar No. 10522 Attorneys for Plaintiff Paula Chmiel
STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES [SECOND REQUEST]
Pursuant to LR 6-1 and LR 26-3, the parties, by and through their respective counsel of record, hereby stipulate and request that this Court extend discovery in the above-captioned case by ninety (90) days, up to and including Tuesday, January 16, 2024. In addition, the parties request that all other future deadlines contemplated by the Discovery Plan and Scheduling Order be extended pursuant to Local Rule. In support of this Stipulation and Request, the parties state as follows:
DISCOVERY COMPLETED
1. On November 16, 2022, the parties conducted an initial FRCP 26(f) conference.
2. On December 21, 2022, Plaintiff served written discovery on Defendant State Farm. State Farm's Responses are due on March 7, 2023.
3. On January 9, 2023, Plaintiff served her FRCP 26 Initial Disclosures. Plaintiff has supplemented their disclosures three times time, last on or about June 12, 2023.
4. On February 2, 2023, Defendant served its FRCP 26 Initial Disclosures. State Farm has provided two supplements to disclosures, the last served on or about April 18, 2023.
5. On March 6, 2023, Defendant served written discovery on Plaintiff Chmiel. Chmiel provided responses approximately May 2, 2023.
6. Defendants deposed Plaintiff Chmiel June 13, 2023.
7. Defendants deposed fact witness Brandin Erickson June 16, 2023.
DISCOVERY REMAINING
1. The parties will continue participating in written discovery.
2. Defendant will collect Plaintiff's medical records.
3. Plaintiff will depose State Farm representatives.
4. Plaintiff will depose Defendant's FRCP 30(b)(6) witness(es).
5. The parties may depose any and all other witnesses garnered through discovery, potentially including treatment providers and claims adjusters.
6. The parties will designate expert witnesses and may conduct depositions of those expert witnesses.
7. Any and all remaining discovery required as permitted by the Federal Rules of Civil Procedure.
WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED
The parties aver, pursuant to Local Rule 26-3, that good cause exists for the following requested extension. This Request for an extension of time is not sought for any improper purpose or other purpose of delay. Rather, the parties seek this extension solely for the purpose of allowing sufficient time to conduct discovery and to consider alternative dispute resolution prior to expert discovery.
The parties have been diligent in moving the case forward: participating in a reasonable amount of discovery, including exchanging their initial lists of witnesses and documents; propounding written discovery requests and preparing responses thereto; records procurement; and preparing for Plaintiff's deposition.
Counsels for Plaintiff and Defendants have been discussing attending mediation in an attempt to settle this matter. If settlement in mediation is unsuccessful the parties have discussed submitting this matter to binding arbitration. Therefore, counsels are requesting this extension in an attempt to resolve this matter without additional Court involvement.
Extension or Modification of The Discovery Plan and Scheduling Order. LR 26-3 governs modifications or extension of the Discovery Plan and Scheduling Order. Any stipulation or motion to extend or modify that Discovery Plan and Scheduling Order must be made no later than twenty-one (21) days before the expiration of the subject deadline and must comply fully with LR 26-3. This stipulation is made more than 21 days before the expiration of any deadlines.
This is the second request for extension of time in this matter. The parties respectfully submit that the reasons set forth above constitute compelling reasons for the short extension.
The following is a list of the current discovery deadlines and the parties' proposed extended deadlines:
Scheduled Event
Current Deadline
Proposed Deadline
Discovery Cut-off
Wednesday, October 18, 2023
Tuesday, January 16, 2024
Deadline to Amend Pleadings or Add Parties
Thursday, July 20, 2023
Wednesday, October 18, 2023
Expert Disclosure pursuant to FRCP 26 (a)(2)
Monday, August 21, 2023
Monday, November 20, 2023
Rebuttal Expert Disclosure pursuant to FRCP. 26(a)(2)
Monday, September 18, 2023
Monday, December 18, 2023
Dispositive Motions
Thursday, November 16, 2023
Wednesday, February 14, 2024
Scheduled Event
Current Deadline
Proposed Deadline
Joint Pretrial Order
Thursday, December 14, 2023
Wednesday, March 13, 2024 If dispositive motions are pending, then the parties will serve their Joint Pretrial Order within thirty days of the Court's order as to the parties' dispositive motions.
WHEREFORE, the parties respectfully request that this Court extend the discovery period by ninety (90) days from the current deadline of October 18, 2023, up to and including January 16, 2024, and the other dates as outlined in accordance with the table above.
HICKS & BRASIER, PLLC.
ORDER
IT IS SO ORDERED.