Opinion
2:20-cv-01383-ART-BNW
12-14-2022
PN II, INC. dba PULTE HOMES and/or DEL WEBB, a Nevada corporation, Plaintiff, v. NATIONAL FIRE & MARINE INSURANCE COMPANY; and DOES 1 through 100, inclusive, Defendants. NATIONAL FIRE & MARINE INSURANCE COMPANY, a Nebraska insurance company, Counter-Claimant, v. PN II, INC. dba PULTE HOMES and/or DEL WEBB, a Nevada corporation, Counter-Defendant. NATIONAL FIRE & MARINE INSURANCE COMPANY, a Nebraska insurance company, Third-Party Plaintiff, v. PN II, dba PULTE HOMES and/or DEL WEBB, a Nevada corporation; CONTRACTORS INSURANCE COMPANY OF NORTH AMERICA, INC., a Hawaii corporation, Third-Party Defendants.
JEFFREY N. LABOVITCH (SBN: 10915) DAWN A. HOVE (admitted pro hac vice) NICOLAIDES FINK THORPE MICHAELIDES SULLIVAN LLP MARTIN L. SHIVES (SBN: 7910) SHIVES & ASSOCIATES LIMITED THOMAS FRIEDMAN (SBN: 7708) BROWN, BONN & FRIEDMAN, LLP Attorneys for Defendant, Counterclaimant and Third-Party Plaintiff NATIONAL FIRE & MARINE INSURANCE COMPANY PAYNE & FEARS LLP Scott S. Thomas Sarah J. Odia Attorneys for Plaintiff and Counter- Defendant PN II, Inc. dba Pulte Homes and/or Del Webb MRV LAW, INC. Mark R. VonderHaar Attorneys for Third-Party Defendants Contractors Insurance Company of North America LEE LANDRUM & INGLE, APC Natasha Landrum Attorneys for Third-Party Defendants Contractors Insurance Company of North America
Complaint filed: July 24, 2020
JEFFREY N. LABOVITCH (SBN: 10915)
DAWN A. HOVE (admitted pro hac vice)
NICOLAIDES FINK THORPE
MICHAELIDES SULLIVAN LLP
MARTIN L. SHIVES (SBN: 7910)
SHIVES & ASSOCIATES LIMITED
THOMAS FRIEDMAN (SBN: 7708)
BROWN, BONN & FRIEDMAN, LLP
Attorneys for Defendant,
Counterclaimant and Third-Party Plaintiff
NATIONAL FIRE & MARINE INSURANCE COMPANY
PAYNE & FEARS LLP
Scott S. Thomas
Sarah J. Odia
Attorneys for Plaintiff and Counter- Defendant PN II, Inc. dba Pulte Homes and/or Del Webb
MRV LAW, INC.
Mark R. VonderHaar
Attorneys for Third-Party Defendants Contractors Insurance Company of North America
LEE LANDRUM & INGLE, APC
Natasha Landrum
Attorneys for Third-Party Defendants Contractors Insurance Company of North America
STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DISCLOSURE DATE
(SECOND REQUEST)
TO THE HONORABLE COURT, AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Defendant/Counter-Claimant/Third-Party Plaintiff National Fire & Marine Insurance Company (“National Fire”), Plaintiffs/Counter-Defendants PN II, Inc. dba Pulte Homes and Del Webb (Collectively “Pulte”), and Third-Party Defendant Contactors Insurance Company of North America (“CICNA”), by and through their respective counsel of record, hereby STIPULATE and agree, subject to this Court's approval, to extend and continue the expert reporting date from December 16, 2022 to January 6, 2023. This is the second request for an extension specific to extend the initial expert disclosure date.
The parties continue to pursue discovery diligently and require additional time for the initial expert disclosure based on the court's recent continuation of the pending motions pursuant to ECF No. 79. The parties agreed to continue the current expert reporting date by nine (9) days following the December 28, 2022 hearings (ECF No. 79), to January 6, 2023, in order to follow the December 28, 2022 hearing regarding National Fire's pending motion to continue all discovery deadlines (ECF No. 59) and the pending motions for protective order regarding the depositions of Martin Shives (ECF No. 57), Scott Thomas (ECF No. 67), and Mark VonderHaar (ECF No. 69). If the Court grants the motion to continue discovery or the motions for protective order, the parties will set new expert disclosure dates; if not, the parties will move forward with the expert disclosure date of January 6, 2023 granted by this stipulation.
In accordance with LR IA 6-1, there has been one prior extension solely to extend the initial expert disclosure dates (ECF No. 76). The extension is necessary due to the fact the hearings have been moved per ECF 79. There have been five prior stipulations for the extension of time regarding discovery deadlines. (ECF No. 52)
IT IS SO STIPULATED.
STATEMENT OF AUTHORITY TO FILE
I attest that all signatories on this document and on whose behalf the filing is submitted concur in the filing's content and have authorize the filing of this document.
Jeffrey N. Labovitch
ORDER
IT IS SO ORDERED. All parties have until January 6, 2023, for initial expert disclosures.