Plascencia v. Hartford Fire Insurance Company ( 2024 )

1 |} DENNIS M. PRINCE Nevada Bar No. 5092 2 || KEVIN T. STRONG Nevada Bar No. 12107 3 || PRINCE LAW GROUP 10801 W. Charleston Boulevard 4 || Suite 560 Las Vegas, NV 89135 5 || Tel: (702) 534-7600 Fax: (702) 534-7601 6 || Email: eservice@thedplg.com Attorneys for Plaintiffs 7 || Salvador Plascencia and Kyle Hail 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 1 || SALVADOR PLASCENCIA, individually; | Case No.: 2:22-ev-01420-GMN-MDC 12 || and KYLE HAIL, 13 Plaintiff STIPULATION AND ORDER TO alntlits, EXTEND THE CLOSE OF 1A DISCOVERY, DISPOSITIVE VS. MOTIONS DEADLINE, AND JOINT 15 PRETRIAL ORDER DEADLINE HARTFORD FIRE INSURANCE (Fourth R t) 16 || COMPANY, a Connecticut Corporation; our eques 17 DOES, I through X, inclusive; ROE BUSINESS ENTITIES, I through X, 18 || inclusive, 19 Defendants. 20 21 IT IS HEREBY STIPULATED AND AGREED, by and between Plaintifi 99 || SALVADOR PLASCENCIA and KYLE HAIL, through their counsel of record, Denni 23 M. Prince and Kevin T. Strong of PRINCE LAW GROUP and Defendant HARTFOR! oA FIRE INSURANCE COMPANY, through its counsel of record, Darren T. Brenner an on Stephanie Garabedian of WRIGHT, FINLAY & ZAK, LLP, that the discovery deadline in this matter shall be extended ninety (90) days pursuant to LR 26-3. This is the partie 26 fourth request for an extension of the discovery deadlines. The parties set forth th 27 following information in support of their stipulation. 28 1 I. 9 DISCOVERY COMPLETED TO DATE 3 A. FRCP 26(a) Disclosures and Supplements | Date Served Plaintiffs’ Initial Disclosure of Documents and Witnesses | Nov. 30, 2022 5 ||| Pursuant to FRCP 26(a)(1) Hartford Fire Insurance Company’s Initial Disclosure of | Dec. 5, 2022 6 Witnesses and Documents Pursuant to FED. R. Civ. P. RULE 7 26.1(a)Q) 8 ||| Documents and Witnesses Pursuant to FRCP 26(a)(1) Disclosure of Witnesses and Documents Pursuant to FED. R. Clv. 10 |||_P. RULE 26.1(a)Q) 11 ||| Documents and Witnesses Pursuant to FRCP 26(a)(1) Disclosure of Witnesses and Documents Pursuant to FED. R. Clv. 13 ||| P. RULE 26.1(a)(1) 14 ||| Documents and Witnesses Pursuant to FRCP 26(a)(1) Disclosure of Witnesses and Documents Pursuant to FED. R. Clv. 16 ||| P. RULE 26.1(a)Q1) Hartford Fire Insurance Company’s Fourth Supplemental | October 2, 2023 17 |!) Disclosure of Witnesses and Documents Pursuant to FED. R. CIv. 1g P_RULE 26.1(a)(Q) Plaintiffs’ Initial Expert Disclosure Pursuant to FRCP 26(a)(2) January 25, 2024 Witnesses 20 21 B. Written Discovery 99 Date Served Plaintiff Salvador Plascencia’s First Set of Interrogatories to | February 8, 2023 24 ||| Hartford Fire Insurance Company Insurance Company to Plaintiff Salvador Plascencia 9g ||_Production of Documents to Plaintiff Salvador Plascencia Admissions to Plaintiff Salvador Plascencia 3 ||| to Plaintiff Kyle Hail Hartford Fire Insurance Company’s First Set of Requests for | March 13, 20238 Admissions to Plaintiff Kyle Hail Salvador Plascencia’s First Set of Interrogatories 8 Hail’s First Set of Interrogatories Hartford Fire Insurance Company’s Responses to Plaintiffs | April 17, 2023 Production of Documents 11 Fire Insurance Company’s First Set of Interrogatories Plaintiff Salvador Plascencia’s Responses to Defendant Hartford | May 10, 2023 Documents 14 ||_Fire Insurance Company’s First Set of Requests for Admissions Plaintiff Kyle Hail’s Answers to Defendant Hartford Fire | May 10, 2023 i Insurance Company’s First Set of Requests for Production of 17 ||| Documents 18 ||| Insurance Company’s First Set of Requests for Admissions Production of Documents to Plaintiff Kyle Hail Insurance Company’s Second Set of Requests for Production of 21 |!| Documents 22 C. Depositions 28 Date oA June 30, 2023 September 1, 2022 25 926 D. Subpoenas Issued [Subpoena CC atte 28 Hail Plascencia 5 Tune 29, 2023 June 30, 2023 II. DISCOVERY TO BE COMPLETED ° 1. Plaintiffs will take the depositions of Defendant’s relevant claims handling personnel who were involved in the investigation, evaluation, and handling 8 of their respective underinsured motorist claims. 9 2. Plaintiffs will take the deposition of the FRCP 30(b)(6) witness for 10 || Defendant. ll 3. The parties will depose their respective expert witnesses. 12 4, The parties will engage in additional written discovery and notice any 13 || additional depositions. 14 The parties anticipate that they may need to conduct other forms of discovery □□ 15 Specifically delineated herein on an as-needed basis. Therefore, the list outlined abov 16 is in no way intended to be a comprehensive list of the outstanding discovery the remains to be completed. 18 Il. REASONS DISCOVERY WAS NOT COMPLETED WITHIN THE TIME LIMITS 19 AND NEEDS TO BE EXTENDED 20 “[Djistrict courts . . . retain broad discretion to control their dockets. . . 21 || Shahrokhi v. Harter, No. 2:21-cv-01126-RFB-NJK, 2021 U.S. Dist. LEXIS 247936, at * 99 || (D. Nev. Dec. 30, 2021). To prevail on a request to extend discovery deadlines, the partie 93 || must establish good cause. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608-0 24 (9th Cir. 1992). “Good cause to extend a discovery deadline exists if it cannot □□□□□□□□□ on be met despite the diligence of the party seeking the extension.” Las Vegas Skydivin 926 Adventures LLC v. Groupon, Inc., No. 2:18-cv-02342-APG-VCF, 2020 U.S. Dist. LEXI 166073, at *6 (D. Nev. Sep. 10, 2020) (internal quotations omitted). For the reasons sé forth below, the parties respectfully submit that good cause supports their request fc 1 extension of the close of discovery, dispositive motions deadline and joint □□□□□□□ 2 || order deadline. 3 The parties respectfully request an extension of the discovery deadlines in thi 4 || matter for numerous reasons. Throughout the last couple months of 2023, the partie 5 attempted to schedule the depositions of Defendant Hartford Fire Insurance Company 6 (“Hartford”) relevant claims personnel and other witnesses. Despite the parties’ diliger efforts to complete this discovery, several circumstances arose, through no fault of th ‘ parties, that delayed these depositions. Plaintiffs’ undersigned counsel of record, Denni M. Prince (“Mr. Prince”), participated in a trial in the matter stayed EC 215 Las Vega. 9 LLC, et al. v. Siegel LV North Strip Tolleson, LLC, Eighth Judicial District Court Cas 10 No. A-22-851840-B. The trial litigated a dispute centered upon the entry of a preliminar 11 injection pertaining to the use of land on Las Vegas Boulevard. The trial was onl 12 || scheduled to last from October 9, 2023 through October 11, 2023. Unfortunately, sever: 13 || unforeseeable delays arose from numerous arguments presented throughout trial, whic 14 || precluded the parties from presenting their respective witnesses and evidence durin 15 || the allotted three days. As a result, the parties required three additional dates, Octobe 16 || 16, 2023; November 1, 2023; and November 2, 2023 to complete the trial. Th 17 continuation of the trial required Plaintiffs’ lead trial counsel, Mr. Prince, to devot 18 additional time and resources to complete the trial. 19 In early December 2023, the mother of Plaintiff's undersigned counsel of recor« Kevin T. Strong, was involved in a motor vehicle collision, which necessitated th cancellation of the deposition of Hartford’s claims adjuster, Sarah Grossman. I 21 December 2023, Mr. Prince welcomed the birth of his child, which caused him to tak 22 time away from the office. The scheduling of Ms. Grossman’s deposition has also bee 23 difficult because she lives in a small, remote town in Idaho, which complicated Hartford 24 counsel, Darren T. Brenner’s (“Mr. Brenner”) ability to travel for Ms. Grossman 25 || deposition. 26 The parties are also dealing with future scheduling conflicts for the □□□□□ 97 || February. On February 6, 2024, Mr. Prince underwent a surgical procedure, whic 98 ||required him to take some time away from the office. On February 9, 2023, Mr. Strong 1 || 10-month-old son underwent major surgery, which has required Mr. Strong to work □□□□ 2 || home for an extended period of time to help with his son’s post-surgery care. Mr. Brenne 3 || will be out of the jurisdiction during the week of February 20 and will be preparing fc 4 |jan oral argument before the Nevada Supreme Court during the first week of Marc 5 2023. Despite these conflicts, the parties have confirmed the scheduling of the followin 6 depositions: Sarah Grossman: March 21, 2023 ‘ Troy Myers: April 4, 20238 The parties are still in the process of scheduling deposition dates for the: 9 respective retained experts and Hartford’s FRCP 30(b)(6) witness, but anticipate thi 10 deposition will be scheduled well within the requested 90-day extension period. Th Il parties also expect to mediate this case following the completion of this outstandin 12 || discovery, which they reasonably believe will help to increase the chances of resolutiot 13 || For the reasons set forth above, the parties respectfully submit that good cause support 14 ||their requested stipulation for a ninety (90) day extension of the discovery deadline: 15 || The parties’ requested extension of the discovery deadlines is not made in bad faith c || to cause any unnecessary delays in the resolution of this matter. 17 IV. 18 PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 19 Current Date Proposed Date Amend Pleadings and Add Parties: Closed Closed Initial Expert Disclosures: Closed Closed 21 Rebuttal Expert Disclosures: Closed Closed 22 Close of Discovery: March 4, 2024 June 3, 2024! 23 Dispositive Motions November 1, 2023 July 3, 2024 24 |! Joint Pretrial Order December 1, 2023 August 2, 2024 25 26 QT 28 1 The actual deadline falls on Sunday, June 2, 2024. 1 Based on the foregoing, the parties respectfully request this Court grant the’ 2 || Stipulation and Order to Extend the Close of Discovery, Dispositive Motions Deadline 3 ||and Joint Pretrial Order Deadline (Fourth Request). 4 DATED this 12th day of February, 2023. DATED this 12th day of February, 2023. 5 || PRINCE LAW GROUP WRIGHT, FINLAY & ZAK, LLP 6 7 . /s/ Kevin T. Strong /s/ Darren T. Brenner 8 || DENNIS M. PRINCE DARREN T. BRENNER Nevada Bar No. 5092 Nevada Bar No. 8386 9 || KEVIN T. STRONG STEPHANIE GARABEDIAN Nevada Bar No. 12107 Nevada Bar No. 9612 10 || 10801 W. Charleston Boulevard 7785 W. Sahara Avenue Suite 560 Suite 200 11 || Las Vegas, Nevada 89135 Las Vegas, Nevada 89117 Tel: (702) 534-7600 Tel: (949) 477-5050 12 || Fax: (702) 534-7601 Fax: (702) 946-1345 Attorneys for Plaintiffs Attorneys for Defendant 13 || Salvador Plascencia and Hartford Fire Insurance Company Kyle Hail 14 15 ORDER 16 IT IS SO ORDERED. 17 18 DATED: February 13, 2024 20 . fb A \ TY ff fi 21 Maximiliano D. (Youyillier III 22 UNITED STAT AGISTRATE JUDGE 23 24 25 26 27 28