Wiegand v. State Farm Mutual Automobile Insurance Company ( 2024 )

Marjorie L. Hauf, Esq. 1| Nevada Bar No. 8111 Matthew G. Pfau, Esq. 2| Nevada Bar No. 11439 Cara Xidis, Esq. 3| Nevada Bar No. 11743 H&P LAW 4) 710 South 9" Street Las Vegas, NV 89101 5} 702 598 4529 TEL 702 598 3626 FAX 6) e-file@courtroomproven.com 5 Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 KEK Cameron Wiegand, Case No.: 2:24-cv-01935-JAD-DJA Sou Plaintiff, 12 VS. 13 Stipulated Discovery Plan and 14 State Farm Mutual Automobile | Scheduling Order Submittedin Insurance Company; Does _ 1 Compliance withLR 26-1(b) through 10, inclusive and Roe 16 Corporations 1 through 10, inclusive, Special Scheduling Review Requested 17 Defendants. 18 19 Pursuant to Federal Rule of Civil Procedure 26(f) and Local Rule 26-1(b), 20) Plaintiff, Cameron Wiegand, and Defendant, State Farm Mutual Automobile 21] Insurance Company, by and through their undersigned counsel, hereby 22| submit this proposed Discovery Plan and Scheduling Order. Deadlines that fall 23| ona Saturday, Sunday, or legal holiday have been scheduled for the preceding 24) or next judicial day. 25 The Complaint in this matter was filed in the Eighth Judicial District Court, 26| Clark County, Nevada, designated as Case No.: A-24-898186-C on July 24, 2024. 27| Defendant was properly served on October 9, 2024. On October 17, 2024, 28| Defendant filed a Petition for Removal [ECF Doc 1]. On October 21, 2024, 1| Defendant filed its Answer to Complaint [ECF Doc. 5]. On October 31, 2| Defendant filed its Statement Regarding Removed Action [ECF Doc. 6]. On 3} November 11, 2024, the parties filed their Joint Status Report [ECF Doc 8]. On 4| November 18, 2024, Plaintiff filed his Motion for Remand [ECF No. 10]. 5); 1. Meeting: Counsel for the parties met and conferred as required by Fed. 6) R. Civ. P. 26(f) on November 6, 2024, and discussed the following: 7| 2. Initial Disclosures: The parties have already served their initial disclosures, 8} pursuant to FRCP Rule 26(a)(1). 9) 3. Areas of Discovery: The Parties agree that each party may conduct 10| discovery as allowed under the Federal Rules of Civil Procedure. = 11| 4. Discovery Cut-off Dates: LR-26(1)(E)(1) provides that “unless otherwise < 12| ordered, discovery periods longer than one hundred eighty (180) days from 13| the date the first defendant answers or appears will require special scheduling review.” —— 45 a. Discovery Cut-Off Date: Given the complexity of the claims 16 asserted, the injuries claimed by the Plaintiff, the number of 17 documents likely to be produced, and the need for experts 18 who will need to perform a detailed review of said documents, 19 the parties respectfully request a 270-day discovery period, 20 from October 21, 2024, the day of Defendant filed its first 21 responsive filing in this court. The parties also have a 22 mediation scheduled for January 7, 2025, and intend to wait to 23 take depositions and disclose experts until after that time, in 24 an effort to minimize unnecessary costs, should a settlement 25 be reached. The stipulated discovery cut-off date is therefore 26 July 18, 2025. 27 b. Amending the Pleadings and Adding Parties: The last date 28 for filing motions to amend the pleading or to add parties shall 2 of 5 1 not be later than 90 days prior to the close of discovery. In this 2 action, the last date for filing motions to amend the pleadings 3 or add parties shall be April 18, 2025. 4 c. FRCP 26(A)(2) Disclosures (Experts): The last date for 5 disclosure of expert witnesses shall be 60 days before the 6 discovery cut-off date. In this action, the last date for 7 disclosure of experts shall be May 19, 2025. Rebuttal experts 8 Shall be disclosed on or before June 18, 2025. 9 d. Dispositive Motions: The last date for filing dispositive 10 motions shall not be later than 30 days after the discovery cut- = 11 off date. In this action, the last date for filing dispositive < 12 motions will be August 15, 2025. 13 e. Pretrial Order: The joint pretrial order shall be filed no later 14 than 30 days after the date set for filing dispositive motions. In —— 45 this action, the joint pretrial order shall be filed on or before 16 September 15, 2025. In the event that dispositive motions are 17 filed, the joint pretrial order shall be filed no later than 30 days 18 after the order(s) on the dispositive motions are entered. 19 f. Court Conferences: If the Court has questions regarding the 20 dates proposed by the parties, the parties request a 21 conference with the Court before entry of the Scheduling 22 Order. If the Court does not have questions, the parties do not 23 request a conference with the Court. 24 g. Extensions or Modifications of the Discovery Plan and 25 Scheduling Order: LR 36-4 governs the modifications or 26 extensions of this Discovery Plan and Scheduling Order. Any 27 Stipulation or motion must be made no later than 21 days 28 before the discovery deadline sought to be extended. 30f5 1 h. FRCP 26(a)(3) Disclosures: The disclosures required by FRCP 2 26(a)(3) and any objections thereto shall be included in the 3 pretrial order. 4 i. Alternative Dispute Resolution: The Parties hereby certify 5 that they met and conferred about the possibility of using 6 alternative dispute-resolution processes including mediation 7 and arbitration. 8 j. Alternative Forms of Case Disposition: The Parties hereby 9 certify that they considered consent to trial by a magistrate 10 judge under 28 U.S.C. 8 636(c) and Fed. R. Civ. P. 73, use of the = 11 Short Trial Program (General Order 2013-01). < 12 k, Format of Discovery: Pursuant to the electronic discovery 13 amendments to the Federal Rules of Civil Procedure effective 14 December 1, 2006, the parties addressed the e-discovery —— 45 issues pertaining to the format of discovery at the Rule 26(f) 16 conference. The parties do not anticipate discovery of native 17 files or metadata at this time, but each party reserves the right 18 to make a showing for the need of such electronic data as 19 discovery progresses. In addition, and in order to save the 20 costs of printing and mailing documents, the parties agree to 21 exchange discovery documents, including but not limited to 22 FRCP 26 disclosures, discovery requests, responses, document 23 production, and expert disclosures, via electronic mail. If a 24 discovery document is too large to send via email, the parties 25 may send such documents via a file-sharing service (DropBox, 26 OneDrive etc.) or on a CD/DVD/thumbdrive via US Mail. 27 |. FRCP 26-1(b)(9) - Presentation of Electronic Evidence for 28 Jurors: Pursuant to Local Rule 26-1, the parties discussed 4o0f5 | whether they intend to present evidence in electronic format 2 to jurors for the purposes of jury deliberation. As the electronic 3 presentation of evidence for jurors is likely at this time, the 4 parties will coordinate with the courtroom administrator for 5 instructions about how to prepare evidence in an electronic 6 format and other requirements for the Court's electronic jury 7 evidence display system and, if possible, provide discovery in 8 an electronic format compatible with the Court's electronic 9 jury evidence display system. 10 = | Dated this 20" day of November, 2024. _ Dated this 20" day of November, 2024. < 12] LEWIS BRISBOIS BISGAARD & SMITH H&P LAW 13 /s/ Frank Toddre II /s/ Marjorie Hauf 14 45] Frank Toddre Il, Esq. Marjorie Hauf, Esq. Nevada Bar No. 11474 Nevada Bar No. 8111 6385 S. Rainbow Blvd., Ste 600 Cara Xidis, Esq. 17| Las Vegas, Nevada 89118 Nevada Bar No. 11743 Attorney for Defendant 710 S. 9" Street 18 Las Vegas, NV 89101 19 Attorneys for Plaintiff 20 21 IT IS SO ORDERED. 22 QAM 5 UNITED STATES MAGISTRATE JUDGE DATED; 11/21/2024 26 27 28 5of5