Hamblen v. Hartford Financial Services Group ( 2024 )

1 DAVID R. SIDRAN, ESQ. Nevada Bar No. 7517 2 SIDRAN LAW CORP 3 7251 West Lake Mead Boulevard, Suite 300 Las Vegas, Nevada 89128 4 Phone/Facsimile: (702) 551-2015 Attorney for Plaintiff, LESLIE R. BAKKE 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 LESLIE R. BAKKE, an individual Case No.: 2:23-cv-01098-GMN-EJY 10 Plaintiffs, STIPULATION AND ORDER TO 11 v. EXTEND THE CLOSE OF 12 DISCOVERY, DISPOSITIVE HARTFORD INSURANCE COMPANY OF MOTIONS DEADLINE, AND JOINT 13 THE MIDWEST, Does 1 through 10, inclusive, PRETRIAL ORDER DEADLINE FIRST REQUEST 14 Defendants. 15 16 IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff Leslie R. 17 Bakke, through her counsel of record, the law firm of Sidran Law Corp and Defendant Hartford 18 Insurance Company of the Midwest, through its counsel of record, the law firm of WRIGHT, 19 FINLAY & ZAK, LLP, that the discovery deadlines in this matter shall be extended ninety (90) 20 days pursuant to LR 26-3. This is the parties’ first request for an extension of the discovery 21 deadlines. The parties set forth the following information in support of their stipulation. 22 I. 23 DISCOVERY COMPLETED TO DATE 24 A. FRCP 26(a) Disclosures and Supplements 25 Title Date Served 26 Plaintiff’s Initial Disclosure of Documents and Witnesses Pursuant to September 28, 27 FRCP 26(a)(1) 2023 Hartford Insurance Company of the Midwest’s Initial Disclosure of September 14, 28 Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) 2023 Hartford Insurance Company of the Midwest’s First Supplemental January 30, 2024 1 Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) 2 3 B. Written Discovery 4 Title Date Served 5 Hartford Insurance Company of the Midwest’s First Set of October 6, 2023 Interrogatories to Plaintiff 6 Hartford Insurance Company of the Midwest’s First Set of Requests for October 6, 2023 Admissions to Plaintiff 7 Hartford Insurance Company of the Midwest’s First Set of Requests for October 6, 2023 8 Production of Documents to Plaintiff Plaintiff’s Responses to Hartford Insurance Company of the Midwest’s December 22, 9 First Set of Requests for Production of Documents to Plaintiff 2023 10 Plaintiff’s Responses to Hartford Insurance Company of the Midwest’s December 22, First Set of Requests for Admissions to Plaintiff 2023 11 Plaintiff’s Responses to Hartford Insurance Company of the Midwest’s December 22, First Set of Interrogatories to Plaintiff 2023 12 13 C.Depositions 14 Deponent Date 15 Plaintiff Leslie Bakke January 31, 2024 16 D.Subpoenas Issued 17 ATI Physical Therapy January 5, 2024 18 Cornerstone Family Practice January 5, 2024 Innovative Pain Care Center January 5, 2024 19 Las Vegas Neurology January 5, 2024 20 Brian E. Lee, MD January 5, 2024 Mariam A. Marvasti, MD January 5, 2024 21 Moehrle Clinic January 5, 2024 22 Dr. John Moehrle January 5, 2024 Neurology Center of Nevada January 5, 2024 23 PBS Anesthesia January 5, 2024 SimonMed Imaging January 5, 2024 24 Stanford Health Care January 5, 2024 25 Steinberg Diagnostic Medical Imaging January 5, 2024 Surgical Arts Center January 5, 2024 26 Spine & Brain Institute January 5, 2024 27 Desert Radiology January 8, 2024 Henderson Hospital January 31, 2024 28 1 II. 2 DISCOVERY TO BE COMPLETED 3 1. Plaintiff will take the depositions of Defendant’s relevant claims handling 4 personnel who were involved in the investigation, evaluation, and handling of her respective 5 uninsured motorist claim. 6 2. Plaintiff will take the deposition of the FRCP 30(b)(6) witness for Defendant. 7 3. The parties will produce their initial and rebuttal expert reports. 8 4. The parties will depose their respective expert witnesses. 9 5. The parties will engage in additional written discovery and notice any additional 10 depositions. 11 The parties anticipate that they may need to conduct other forms of discovery not 12 specifically delineated herein on an as-needed basis. Therefore, the list outlined above is in no 13 way intended to be a comprehensive list of the outstanding discovery that remains to be 14 completed. 15 III. 16 17 REASONS DISCOVERY WAS NOT COMPLETED WITHIN THE TIME LIMITS AND NEEDS TO BE EXTENDED 18 “[D]istrict courts . . . retain broad discretion to control their dockets . . . .” Shahrokhi v. 19 Harter, No. 2:21-cv-01126-RFB-NJK, 2021 U.S. Dist. LEXIS 247936, at *4 (D. Nev. Dec. 30, 20 2021). To prevail on a request to extend discovery deadlines, the parties must establish good 21 cause. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608-09 (9th Cir. 1992). “Good 22 cause to extend a discovery deadline exists if it cannot reasonably be met despite the diligence of 23 the party seeking the extension.” Las Vegas Skydiving Adventures LLC v. Groupon, Inc., No. 24 2:18-cv-02342-APG-VCF, 2020 U.S. Dist. LEXIS 166073, at *6 (D. Nev. Sep. 10, 2020) 25 26 (internal quotations omitted). For the reasons set forth below, the parties respectfully submit that 27 good cause supports their request for an extension of the close of discovery, dispositive motions 28 deadline and joint pretrial order deadline. 1 The parties respectfully request an extension of the discovery deadlines in this matter for 2 numerous reasons. The earliest date on which Plaintiff’s retained medical expert can conduct 3 a physical examination of Plaintiff is April 29, 2024. This examination is necessary for Plaintiff 4 to produce her initial expert reports. Further, Defendant has encountered unforeseen 5 delays in obtaining Plaintiff’s medical records from numerous healthcare providers, including 6 out-of-state records from Stanford Healthcare in California. 7 IV. 8 PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 9 Current Date Proposed Date 10 Amend Pleadings and Add Parties: March 5, 2024 June 5, 2024 11 Initial Expert Disclosures: April 4, 2024 July 5, 20241 12 Rebuttal Expert Disclosures: May 6, 2024 August 5, 2024 13 Close of Discovery: June 3, 2024 September 5, 2024 14 Dispositive Motions July 3, 2024 October 5, 2024 15 Joint Pretrial Order August 2, 2024 November 5, 2024 16 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 26 27 28 1 The actual deadline falls on July 4, 2024, a federal holiday. ] Based on the foregoing, the parties respectfully request this Court grant their 2 || Stipulation and Order to Extend the Close of Discovery, Dispositive Motions Deadline, and 3 || Joint Pretrial Order Deadline (First Request). 4 || DATED this 8th day of February, 2024. DATED this 8th day of February, 2024. 5 By: = David R. Sidran By: /s/ Stephanie Garabedian, Esq. 6 DAVID R. SIDRAN, ESQ. STEPHANIE GARABEDIAN, ESQ. Nevada Bar No. 7517 Nevada Bar No. 9612 7 SIDRAN LAW CORP WRIGHT, FINLAY & ZAK, LLP g 7251 West Lake Mead Boulevard, #300 7785 West Sahara Avenue, #200 Las Vegas, Nevada 89128 Las Vegas, NV 89117 9 Attorney for Plaintiff, LESLIE R. BAKKE Attorney for Defendant HARTFORD INSURANCE COMPANY OF THE 10 MIDWEST 1] 2 12 2 13 BE 8 = 15 ORDER 16 IT IS SO ORDERED. 18 19 UNITED|STATES|MAGISTRATE JUDGE 20 Dated: February 9, 2024 21 22 23 24 25 26 27 28 Page 5 of 5