Opinion
2:22-cv-1174-JCM-VCF
04-06-2023
JOSEPH ZIMMERMAN, individually and as Trustee of the ZIMMERMAN FAMILY TRUST 1994, Plaintiff, v. PENN-STAR INSURANCE COMPANY, a Pennsylvania corporation, Defendant.
POLI, MOON & ZANE, PLLC. Michael N. Poli (Bar No. 005461) Attorneys for Plaintiff Jeffrey H. Ballin Attorneys for Defendant Penn-Star Insurance Company
POLI, MOON & ZANE, PLLC. Michael N. Poli (Bar No. 005461) Attorneys for Plaintiff
Jeffrey H. Ballin Attorneys for Defendant Penn-Star Insurance Company
STIPULATION TO EXTEND LIMITED DISCOVERY AND AND DISPOSITIVE MOTION DEADLINES (ECF No. 13) (Second Request)
CAM FERENBACH UNITED STATES MAGISTRATE JUDGE
Pursuant to LR IA 6-1 and LR 7.1, the Court's Minutes dated September 30, 2022 (ECF No. 11), setting deadlines for Limited Discovery (January 27, 2023) and Dispositive Motions (February 27, 2023), and the Court's Order Granting Stipulation to Extend Limited Discovery Deadlines dated January 27, 2023 (ECF No. 13), Plaintiff Joseph Zimmerman and Defendant Penn-Star Insurance Company hereby stipulate and jointly request a 60-day extension of said deadlines. This is the parties' second request for such an extension.
The parties have attempted to complete depositions in this matter, but require additional time given the scheduling difficulties associated with doing so; due, in part, to the heavily booked calendar of Plaintiff's counsel for March and April to conduct numerous depositions in other matters, appellate deadlines, and other scheduling conflicts. In addition, defense counsel has a conflicting medical procedure with a deposition that is currently set for April 6, 2023, which deposition is being postponed.
The following depositions are currently set, and/or need to be rescheduled:
Deponent
Role
Deposition Date
Joseph Zimmerman
Plaintiff
TB (Previously set for March 30, 2023)
Robert Massaro
Senior Claims Examiner
TBD (Previously set for April 6, 2023)
James Overton
Claims Adjuster
April 11, 2023
Based on the foregoing, the parties respectfully request that the current limited discovery and dispositive motion deadlines be extended as follows:
(1) The deadline for Limited Discovery (to resolve the coverage and investigation issues), currently April 12, 2023, be extended to June 12, 2023; and
(2) The deadline for Dispositive Motions, currently May 15, 2023, be extended to July 14, 2023.
POLI, MOON & ZANE, PLLC
RESNICK & LOUIS, P.C.
CERTIFICATE OF SERVICE
I hereby certify that on this 5th day of April, 2023, I electronically transmitted the foregoing document to the Clerk of the Court for the United States District Court, District of Nevada using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrant and counsel of record:
Linda Lieber an employee of Poli, Moon & Zane, PLLC
[PROPOSED] ORDER GRANTING STIPULATION TO EXTEND LIMITED DISCOVERY AND DISPOSITIVE MOTION DEADLINES
The Court having considered the parties' Stipulation to Extend Limited Discovery and Dispositive Motion Deadlines, and good cause appearing, IT IS HEREBY ORDERED granting the parties' stipulation.
IT IS FURTHER ORDERED as follows:
Limited Discovery to resolve the coverage and investigation issues shall be completed by June 12, 2023; and Dispositive motions shall be filed by July 14, 2023.
The parties shall file a new Discovery Plan and Scheduling Order, if necessary, within 20 days after dispositive motions are resolved.
Joint Pretrial Order due August 14, 2023.
IT IS SO ORDERED: