Opinion
2:23-cv-00968-APG-VCF
10-04-2023
COVINGTON SPECIALTY INSURANCE COMPANY, a New Hampshire Corporation,, Plaintiff, v. FREAKLING BROS. INC., a Nevada Corporation; GRAND FLAMINGO CAPITAL MANAGEMENT, LLC., a Nevada Limited Liability Company; JA KENNEDY REAL ESTATE COMPANY, a Nevada Corporation;, Defendant.
CHRISTIAN, KRAVITZ, DICHTER, JOHNSON & SLUGA, LLC Gena L. Sluga, Tyler J. Watson Eastern Avenue, Nancy J.W. Brown, Esq., Musick, Peeler & Garrett LLP Attorneys for Plaintiff Covington Specialty Insurance Company. WRIGHT, FINLAY & ZAK Darren T. Brenner, Esq. Attorneys for Defendant Freakling Bros, Inc. GARMAN | TURNER | GORDON Eric R. Olsen, Esq. Amigo Street, Suite Attorneys for Defendant JA Kennedy Real Estate Inc.
CHRISTIAN, KRAVITZ, DICHTER, JOHNSON & SLUGA, LLC Gena L. Sluga, Tyler J. Watson Eastern Avenue, Nancy J.W. Brown, Esq., Musick, Peeler & Garrett LLP Attorneys for Plaintiff Covington Specialty Insurance Company.
WRIGHT, FINLAY & ZAK Darren T. Brenner, Esq. Attorneys for Defendant Freakling Bros, Inc.
GARMAN | TURNER | GORDON Eric R. Olsen, Esq. Amigo Street, Suite Attorneys for Defendant JA Kennedy Real Estate Inc.
DISCOVERY PLAN AND SCHEDULING ORDER [SUBMITTED IN COMPLIANCE WITH LR 26-1(B)]
The parties held a scheduling conference under Federal Rule of Civil Procedure 26(f) on September 20, 2023. The parties will exchange initial disclosures 14 days after this meeting, or on October 4, 2023. The parties now submit their proposed discovery plan and scheduling order in compliance with LR 26-1(b).
1. Discovery Cut-Off Date. The first defendant answered or otherwise appeared on September 1, 2023. The discovery cut-off date is March 1, 2024.
Defendant Freakling Bros. Inc. reserves the right to move to stay discovery and scheduling order deadlines pending the outcome of its Motion to Dismiss [ECF No. 23]. Covington submits that the motion to dismiss lacks merit and that there is no basis for a discovery stay. The parties intend to meet and confer further. If the parties are unable to come to a consensus, Freakling Bros. Inc. reserves the right to file a Motion to Stay discovery at that time.
2. Amending the Pleadings and Adding Parties. The deadline to amend the pleadings and add parties is December 1, 2023.
3. Expert and Rebuttal-Expert Disclosures. The deadline to disclose experts is
January 9, 2024. The deadline to disclose rebuttal experts is February 9, 2024 4. Dispositive Motions. The deadline to file dispositive motions is April 1, 2024.
5. Pretrial Order. The deadline to file a pretrial order is May 1, 2024.
6. Fed.R.Civ.P. 26(a)(3). The disclosures required by this rule and any objections to them must be included in the joint pretrial order.
7. Alternative Dispute Resolution. The parties certify that they met and conferred about the possibility of using alternative dispute-resolution processes including mediation, arbitration, and if applicable, early neutral evaluation.
8. Alternative Forms of Case Disposition. The parties certify that they considered consent to trial by a magistrate judge under 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73 and the use of the Short Trial Program (General Order 2013-01). The parties agreed that they would not consent to trial by a magistrate judge.
9. Electronic Evidence. The parties certify that they discussed issues pertaining to electronic evidence in the course of discovery, and agreed to further discuss whether to present evidence in electronic format to jurors for the purpose of jury deliberations.
10. Discovery disputes: The parties agree that before moving for an order relating to discovery, the movant must request a conference with the assigned magistrate judge.
IT IS SO STIPULATED.
IT IS SO ORDERED.