Opinion
2:21 -cv-00592-JCM-DJA
01-06-2022
STEVEN LYNN TURNER, an individual, Plaintiff, v. GEICO ADVANTAGE INSURANCE COMPANY, a foreign corporation; DOES I through X, inclusive and ROE BUSINESS ENTITIES I through X, inclusive, Defendant.
WINNER BOOZE & ZARCONE Matthew J. Douglas, Esq. Nevada Bar No. 11371 Attorneys for Defendant GEICO LADAH LAW OFFICE Carl R. Houston, Esq. Nevada Bar No. 11161 Attorneys for Plaintiff
WINNER BOOZE & ZARCONE Matthew J. Douglas, Esq. Nevada Bar No. 11371 Attorneys for Defendant GEICO
LADAH LAW OFFICE Carl R. Houston, Esq. Nevada Bar No. 11161 Attorneys for Plaintiff
STIPULATION AND ORDER TO EXTEND DISCOVERY & REQUEST FOR SETTLEMENT CONFERENCE (SECOND REQUEST)
Defendant GEICO ADVANTAGE INSURANCE COMPANY, by and through its attorneys, Thomas E. Winner & Matthew J. Douglas of the law firm WINNER BOOZE & ZARCONE, and Plaintiff STEVEN LYNN TURNER, by and through his attorneys, Carl R. Houston, of the LADAH LAW OFFICE, hereby submit the following Stipulation and (Proposed) Order to Extend Discovery pursuant to LR 26-4 LR IA 6-1 and to request a settlement conference with the Magistrate Judge pursuant to LR 16-5.
This is the second stipulation for an extension of discovery deadlines.
A. Discovery Completed
Plaintiff has served his initial disclosure of witnesses and documents and supplemented it twice.
Defendant has served its initial disclosure of witnesses and documents. It has been supplemented four times.
Plaintiff has disclosed treating (non-retained) medical expert witnesses and expert medical witness. Defendant has disclosed retained medical expert witness and a retained biomechanical/accident reconstruction expert.
Defendant has served one set of Interrogatories and one set of Requests for the Production of Documents to Plaintiff, which have been answered.
Plaintiff has served one set of Interrogatories, one set of Requests for the Production of Documents to Defendant, which have been answered.
Defendant has collected numerous medical records for Plaintiff and subpoenaed other records
Plaintiff TURNER has been deposed.
Defendant has deposed Plaintiff's treating provider, Dr. Stuart Kaplan.
B. Discovery that Remains to Be Completed
Defendant seeks the depositions of Plaintiff's treating provider/experts Dr. Kevin Sharif. Plaintiff seeks depose the Defendant's experts and Rule 30(b)(6) corporate designee.
C. The Reasons Why Discovery Was Not Completed In the Time Limits Set by the Discovery Plan
Defendant has had difficulty getting dates for Dr. Kevin Sharif depositions due to the doctor's schedule1. Additionally, Plaintiff's seek to depose defense experts and defendant's corporate designee. However, due to the physicians' schedules, the trial calendar for Plaintiff's counsel, and upcoming holidays, the parties realized that they will be unable to complete these depositions within the current discovery time frame, which ends January 7, 2022.
Moreover, recently the parties have engaged in fruitful settlement discussions and believe a settlement conference with the Magistrate Judge would be beneficial. The parties desire to attempt settlement before expending more costs for provider and expert depositions.
As such, the parties request a 90 day extension of the current discovery closure deadline and request a settlement conference with the Magistrate Judge pursuant to LR 16-5.
Proposed Schedule for Completing Discovery
The parties propose to complete discovery on the following deadlines:
• Discovery Cut-Off: Friday, April 7, 2022
• Deadline to Amend Pleadings or Add Parties: Closed
• Deadline to Disclose Initial Experts: Closed
• Deadline to Disclose Rebuttal Experts: Closed
• Deadline to File Dispositive Motions: Monday, May 9, 2022
• Deadline to Joint Pre-Trial Oder Thursday June 9, 2022
ORDER
Having reviewed the parties' Stipulation to Extend Discovery (ECF No. 15) and Stipulation for Settlement Conference (ECF No. 19), the Court finds good cause to GRANT the stipulations. The Court will enter a separate order scheduling the settlement conference.
IT IS SO ORDERED.