Opinion
2:22-cv-1441-JCM-BNW
10-18-2023
ASHLEY WINN; Plaintiff, v. SHELTER MUTUAL INSURANCE COMPANY; STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; and DOES I through X, and ROE Corporations I through X, inclusive, Defendants.
LEWIS BRISBOIS BISGAARD & SMITH LLP Robert W. Freeman, Esq. Nevada Bar No. 3062 Frank A. Toddre, II, Esq. Attorneys for State Farm Mutual Automobile Insurance Company VANNAH & VANNAH Robert D. Vannah, Esq. Nevada Bar No. 2503 John B. Greene, Esq and Bruce D. Schupp, Esq. Nevada Bar No. 1458 LAW OFFICES OF BRUCE D. SCHUPP Brice J. Crafton, Esq. Nevada Bar No. 10558 DEAVER & CRAFTON Attorneys for Plaintiff KEATING LAW GROUP John T. Keating, Esq. Nevada Bar No. 6373 Attorney for Defendant Shelter Mutual Insurance Company
LEWIS BRISBOIS BISGAARD & SMITH LLP Robert W. Freeman, Esq. Nevada Bar No. 3062 Frank A. Toddre, II, Esq. Attorneys for State Farm Mutual Automobile Insurance Company
VANNAH & VANNAH Robert D. Vannah, Esq. Nevada Bar No. 2503 John B. Greene, Esq and Bruce D. Schupp, Esq. Nevada Bar No. 1458 LAW OFFICES OF BRUCE D. SCHUPP Brice J. Crafton, Esq. Nevada Bar No. 10558 DEAVER & CRAFTON Attorneys for Plaintiff
KEATING LAW GROUP John T. Keating, Esq. Nevada Bar No. 6373 Attorney for Defendant Shelter Mutual Insurance Company
STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES [THIRD 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 sixty (60) days, up to and including Monday, March 11, 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 February 24, 2023, Plaintiff served written discovery on Defendant State Farm. State Farm served its Responses on April 13, 2023.
3. On February 24, 2023, Plaintiff served her FRCP 26 Initial Disclosures.
4. On January 23, 2023, Defendant State Farm served its FRCP 26 Initial Disclosures.
5. On March 2, 2023, Defendant Shelter served its FRCP 26 Initial Disclosures.
6. On March 2, 2023, Plaintiff Ashley Winn filed her FRCP 26.1 Initial Disclosures.
7. On April 13, 2023, Defendant State Farm filed their Responses to Plaintiff Winn's First Requests for Production.
8. On May 1, 2023, Plaintiff Ashley Winn filed her answers to Defendant State Farm's 1st Set of Interrogatories, and Defendant State Farm's 1st set of Request for Production.
9. On July 5, 2023, Defendant Shelter Mutual Insurance Company filed their 1st set of Interrogatories and Requests for Production to Plaintiff Ashley Winn.
10. On September 14, 2023, Plaintiff Ashley Winn filed her responses to Defendant Shelter Insurance's First Set of Interrogatories and Shelter Insurance's 1st Set of Requests for Production.
11. On October 12, 2023, Defendant Shelter Mutual Insurance Company filed their First Supplemental Disclosures Pursuant to FRCP 26(a)(1).
12. On October 13, 2023, the deposition of Plaintiff Ashley Winn took place.
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 State Farm's FRCP 30(b)(6) witness(es).
5. Plaintiff will depose Defendant Shelter representatives.
6. Plaintiff will depose Defendant Shelter's FRCP 30(b)(6) witness(es).
7. The parties may depose any and all other witnesses garnered through discovery, potentially including treatment providers and claims adjusters.
8. The parties will designate expert witnesses and may conduct depositions of those expert witnesses.
9. Any and all 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.
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 and conducting Plaintiff's deposition.
Plaintiff in this case is incarcerated and Defendant State Farm was only able to depose her on October 13, 2023, a month prior to the deadline for expert disclosures. Additionally, counsel for Plaintiff has received over 25,000 pages of file materials to evaluate. Further, counsel for Defendant State Farm has undergone a personnel change within the firm that has required he take over cases previously handled by another experienced lawyer.
Due to the delays mentioned above, Plaintiff's counsel needs additional time to complete the above depositions of State Farm and Shelter representatives and Defendants' FRCP 30(b)(6) witness. The parties agree the claims handling experts would require certain employee fact witness depositions for their reports. The parties anticipate taking depositions of claim handling employees and perhaps the policy holders.
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 third 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 deadline to amend pleadings has passed and the parties are not requesting that deadline be reopened.
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, January 10, 2024 | Monday, March 11, 2024 |
| Expert Disclosure pursuant to FRCP 26 (a)(2) | Monday, November 13, 2023 | Thursday, January 11, 2024 |
| Rebuttal Expert Disclosure pursuant to FRCP. 26(a)(2) | Monday, December 11, 2023 | Monday, February 12, 2024 |
| Dispositive Motions | Monday, February 12, 2024 | Wednesday, April 10, 2024 |
| Joint Pretrial Order | Monday, March 11, 2024 | Friday, May 10, 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 sixty (60) days from the current deadline of Wednesday, January 10, 2024, up to and including Monday, March 11, 2024, and the other dates as outlined in accordance with the table above. This enlargement of time does not have any effect on trial or calendar call times.
Dated this 17th day of October, 2023.
ORDER
IT IS SO ORDERED.