Opinion
2:22-cv-00635-CDS-VCF
11-23-2022
CARLOS ROBERTS, Plaintiff, v. UBER TECHNOLOGIES, INC., a foreign corporation, dba UBER; RASIER LLC, a foreign limited liability company, dba UBER; JAMES RIVER INSURANCE COMPANY; DOE CLAIM ADJUSTER I through X; DOE CLAIM SUPERVISOR I through X; ROE INSURANCE COMPANY XI through XX; DOES I through X, inclusive; ROE CORPORATION XI through XX, inclusive and ROE COMPANIES I-X, Defendants.
BREMER WHYTE BROWN & O'MEARA, LLP Lucian J. Greco, Jr., Esq. Nevada State Bar No. 10600 Devin R. Gifford, Esq. Nevada State Bar No. 14055 Matthew J. Cook, Esq. Nevada State Bar No. 15028 Attorneys for Defendant, James River Insurance Company BIGHORN LAW Joshua P. Berrett, Esq. Nevada State Bar No. 12697 Attorneys for Plaintiff, Carlos Roberts.
BREMER WHYTE BROWN & O'MEARA, LLP Lucian J. Greco, Jr., Esq. Nevada State Bar No. 10600 Devin R. Gifford, Esq. Nevada State Bar No. 14055 Matthew J. Cook, Esq. Nevada State Bar No. 15028 Attorneys for Defendant, James River Insurance Company
BIGHORN LAW Joshua P. Berrett, Esq. Nevada State Bar No. 12697 Attorneys for Plaintiff, Carlos Roberts.
STIPULATION AND ORDER TO EXTEND DISCOVERY (FIRST REQUEST)
Defendant James River Insurance Company (hereinafter referred to as “Defendant”), by and through its attorneys of record, Lucian J. Greco, Esq., Devin R. Gifford, Esq., and Matthew J. Cook, Esq. of Bremer, Whyte, Brown & O'Meara, LLP, and Plaintiff Carlos Roberts (“Plaintiff”), by and through his attorney of record Joshua P. Berrett, Esq. of Bighorn Law, pursuant to Local Rule 26-3, stipulate to modify their discovery plan as follows:
1. On March 26, 2022, Plaintiff filed his Complaint.
2. On June 13, 2022, counsel for the parties held their F.R.C.P. 26 conference.
3. On July 1, 2022, the Court filed the Joint Discovery Plan and Scheduling establishing the following discovery plan:
a. Last day to amend/add: November 10, 2022
b. Initial expert disclosure: December 12, 2022
c. Rebuttal expert disclosure: January 11, 2023
d. Last day of discovery: February 8, 2023
e. Dispositive motions filed: March 10, 2023
f. Joint pre-trial order: April 10, 2023
4. In compliance with Local Rule 26-3, the parties provide the following information regarding the discovery status:
a. Discovery Completed:
i. On June 27, 2022, the parties served their Initial Disclosures.
ii. On July 8, 2022, Defendant served their first set of written discovery requests to Plaintiff, which included interrogatories, requests for production of documents, and requests for admissions. Subsequently, Plaintiff served his responses to these written discovery requests.
iii. On August 9, 2022, Defendant served their second set of written discovery requests to Plaintiff, which included interrogatories, requests for production of documents, and requests for admissions. Subsequently, Plaintiff served his responses to these written discovery requests.
iv. On October 17, 2022, Defendant served their third set of written discovery requests to Plaintiff, which included interrogatories,
requests for production of documents, and requests for admissions. Subsequently, Plaintiff served his responses to these written discovery requests.
v. On November 3, 2022, Plaintiff served his First Supplemental Disclosures.
vi. On November 4, 2022, Defendant took Plaintiff's deposition.
vii. On November 18, 2022, Defendant served their fourth set of written discovery requests to Plaintiff, which included interrogatories, requests for production of documents, and requests for admissions.
viii. Defendant has subpoenaed many of Plaintiff's medical providers, Las Vegas Metropolitan Police Department, and Wynn Las Vegas for records.
b. Discovery that remains to be completed:
i. Deposition(s) of identified witnesses.
ii. Deposition(s) of expert witnesses.
iii. Additional written discovery.
iv. Disclosure of experts, expert reports, and rebuttal expert reports.
v. Supplemental disclosures.
vi. Defendant is preparing to serve their First Supplemental Disclosures.
vii. Defendant needs to obtain Plaintiff's responses to Defendant's fourth set of requests for admissions and requests for production of documents.
viii. Defendant is seeking photographs and videos of Plaintiff's vacations.
ix. Defendant is still seeking Plaintiff's pharmacy records, which
Defendant subpoenaed.
x. Defendant is still awaiting the subpoenaed records from Las Vegas Metropolitan Police Department and Wynn Las Vegas.
xi. Defendant needs to obtain additional medical record authorizations from Plaintiff in order to subpoena additional medical providers.
xii. Plaintiff is seeking additional medical records from WellSpan.
c. Reason why discovery was not completed:
The parties have diligently engaged in discovery. However, Defendant is still trying to obtain Plaintiff's medical records from a pharmacy that has remained non-responsive. Defendant is awaiting receipt of additional executed medical record authorizations that were recently requested from Plaintiff. Once these authorizations are obtained, Defendant will still require time to subpoena and obtain the outstanding medical records. The holidays are also slowing the parties' ability to obtain these records. Plaintiff has encountered difficulty in obtaining medical records from WellSpan, which Plaintiff has requested. The parties' experts will require additional time to review these records and prepare their expert reports. The parties require additional time to continue to engage in settlement discussions, which may assist in conserving precious judicial resources. The parties also require additional time to consider attending mediation. Early resolution of this matter may obviate the need for the parties to obtain additional experts prior to the initial disclosure deadline and drastically reduce their litigation expenses. The parties need to meet and confer regarding the disclosure of Plaintiff's vacation photographs and video. By way of this stipulation, the parties hereby request an additional ninety (90) day extension of the discovery deadlines so as to allow the parties to disclose their expert reports, to obtain outstanding records, and thereafter engage in settlement discussions. Accordingly, the parties agree that this request for extension is not made for the purpose of delay or improper purpose and that good cause exists to extend the discovery deadlines. The parties respectfully request that this Honorable Court adopt the following proposed,
stipulated discovery plan.
d. Proposed schedule for completion of remaining discovery:
Event
Existing Deadline
Proposed New Deadline
Last Day to Amend Pleadings/ Add Parties
November 10, 2022
February 8, 2023
Initial Expert Disclosures
December 12, 2022
March 13, 2023
Rebuttal Expert Disclosures
January 11, 2023
April 11, 2023
Last Day of Discovery
February 8, 2023
May 9, 2023
Dispositive Motions Filed
March 10, 2023
June 8, 2023
Joint Pretrial Order
April 10, 2023
July 10, 2023
ORDER
PURSUANT TO THE STIPULATION OF THE PARTIES, and for good cause shown, the Court extends the discovery deadlines in this case as follows:
Event
Prior Deadline
New Deadline
Last Day to Amend Pleadings/ Add Parties
November 10, 2022
February 8, 2023 Expired
Initial Expert Disclosures
December 12, 2022
March 13, 2023
Initial Expert Disclosures
December 12, 2022
March 13, 2023
Last Day of Discovery
February 8, 2023
May 9, 2023
Dispositive Motions Filed
March 10, 2023
June 8, 2023
Joint Pretrial Order
April 10, 2023
July 10, 2023
If dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended until 30 days after decision on the dispositive motions or further court order.
IT IS SO ORDERED.