Pierre v. Allstate Indemnity Company ( 2024 )

1 || Patrick R. Leverty, Esq., NV Bar No. 8840 pat@levertylaw.com 2 || William R. Ginn, Esq., NV Bar No. 6989 bill@levertylaw.com 3 || 832 Willow Street; Reno, NV 89502 Telephone: (775) 322-6636 4 || Attorneys for 1420 Med LLC UNITED STATES DISTRICT COURT DISTRICT OF NEVADA JEAN PIERRE, A NEVADA RESIDENT, |} 1420 MED. LLC, A TEXAS LIMITED LIABILITY COMPANY 9 Plaintiff Case No.: 2:24-cv-00010-APG-DJA 10 Stipulation and Order to Extend VS. Discovery Deadlines (Second Request) 1] ALLSTATE INDEMNITY COMPANY 12 13 Defendants 14 oe Pursuant to LR JA 6-1 and LR II 26-3, Plaintiffs, JEAN PIERRE and 1420 MED LLC, by 15 and through their counsel, William R Ginn, Esq. of LEVERTY & ASSOCIATES LAW, CHTD., 16 and Defendant, ALLSTATE INDEMNITY COMPANY, by and through counsel of record John 17 T. Keating, Esq. of KEATING LAW GROUP respectfully submit the following stipulation 18 requesting that this Court extend discovery in the above-captioned case by ninety (90) days, up 19 to and including October 29, 2024. In addition, the parties request that all other future deadlines 20 contemplated by the Discovery Plan and Scheduling Order, including the initial expert disclosure 21 deadline of July 1, 2024, be extended. This stipulation is being made less than 21 days before the 22 expiration of the current expert disclosure deadline and is being entered into in good faith and not 23 for the purpose of delay. Undersigned counsel is cognizant of and appreciates the fact that the 24 original Scheduling Order was granted with Special Scheduling Review. However, this is the 25 second requested stipulation to extend the discovery deadlines and the parties have agreed to 26 extend the deadlines another 90 days so that all necessary depositions can be conducted and 27 transcripts available for the claims handling experts who will require this testimony. The current \ 28 1 || discovery schedule does not allow for this to take place. For good cause and in support of this 2 || stipulation and request, the parties state as follows: 3 DISCOVERY COMPLETED 4/1. On January 26, 2024, the parties conducted an initial FRCP 26(f) conference. 5 |] 2. The parties have served their Initial Disclosures pursuant to FRCP 26(a)(1) and continue 6 || to provide supplements thereto. 7 {| 3. On April 1, 2024, Plaintiffs served three (3) sets of Requests for Production of Documents 8 || (141 requests total) on Defendant Allstate Indemnity Company. Allstate served its Responses to 9 || Set 1 and Set 2 on May 10, 2024 via extension of time. Allstate then served its First Supplemental 10 || Response to Set 1 on May 16, 2024 and its Second Supplemental Responses to Set 1 on May 31, 11 2024. Allstate then served its Responses to Set 3 on June 5, 2024, again via extension of time. 12 || 4. Defendant Allstate served its initial set of Interrogatories and Requests for Production of 13 || Documents to Plaintiff Jean Pierre on June 14, 2024, which were responded to on July 16, 2024. 14]]5. The deposition of Allstate Indemnity Company claims representative Michael Broszcak 15 || took place on July 1, 2024; 16 || 6. The deposition of Allstate Indemnity Company claims representative Dan Munson took 17 || place on July 17, 2024; 18 || 7. The deposition of Plaintiff, took place on July 17, 2024. 19 DISCOVERY REMAINING 20 || 1. The deposition of Allstate Indemnity Company claims representative Karl Kreigh, for 21 || whom availability has not been determined; 22 || 2. The Fed. R. Civ. Proc. 30(b)(6) deposition of Allstate Indemnity Company; 23 || 3. Expert disclosures and depositions;. 24 || 4. Rebuttal disclosures and depositions;. 25 || 5. Further, other appropriate discovery may also need to be conducted, including additional 26 || written discovery and/or depositions of percipient witnesses; and. 27 || 6. Any and all discovery required as permitted by the Federal Rules of Civil Procedure. 2 WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED 3 The parties aver, pursuant to Local Rule 26-3, that good cause exists for the following 4 || requested extension. This Request for an extension of time is not sought for any improper purpose 5 || or other purpose of delay. Rather, the parties seek this extension solely for the purpose of allowing 6 || sufficient time to conduct discovery. 7 The parties have been diligent in moving the case forward: participating in a reasonable 8 || amount of discovery, including exchanging and supplementing their initial lists of witnesses and 9 ||documents; propounding written discovery requests and preparing responses thereto; and 10 || scheduling depositions. The parties have run into scheduling issues with of the Allstate Indemnity 11 || Company claims representatives. 12 In an effort to accommodate counsel, parties and witnesses, the parties have agreed to 13 || extend the deadlines another 90 days so that all necessary remaining depositions can be conducted 14 || and available for the claims handling experts who will require these depositions, and to allow for 15 || the parties to engage in assisted settlement negotiations. This case is an insurance bad faith action 16 || brought by Plaintiff for damages allegedly suffered as a result of two consecutive homeowner 17 ||} claims; one for vandalism, and a second for water damage. The deposition testimony of the 18 |}remaining Allstate Indemnity Company claims representatives is necessary for the parties’ 19 || respective retained experts to evaluate and comment upon that testimony in their expert reports 20 || in advance of the experts’ respective depositions. 21 The current discovery schedule does not allow for this to take place. The parties once 22 || again acknowledge that this Stipulation and Order is being submitted less than 21 days in advance 23 || of the expert disclosure deadline , one of the discovery deadlines it seeks to extend. 24 Extension or Modification of The Discovery Plan and Scheduling Order. LR 26-3 governs 25 || modifications or extension of the Discovery Plan and Scheduling Order. Any stipulation or 26 || motion to extend or modify that Discovery Plan and Scheduling Order must be made no later than 27 || 21 days before the expiration of the subject deadline and must comply fully with LR 26-3. Any 28 request made within 21 days of the subject deadline must be supported by a showing of good 1 || cause. This stipulation is made more than 21 days before the expiration of the discovery deadline, 2 || but less than 21 days before the expiration of the expert disclosure deadline. 3 The parties have been diligently working to complete discovery but have encountered 4 || unforeseen issues preventing them from doing so. Despite the parties’ best efforts to overcome 5 || these issues and complete the depositions before the deadline, they were unable to do so, which || prompted them to submit this request. The parties’ diligence in conducting discovery lends 7 || support to finding excusable neglect. Buonarigo v. BJ’s Tavern LLC, No. CV-19-08037-PCT- 8 || JAT, 2020 U.S. Dist. LEXIS 233075, at *4 (D. Ariz. Dec. 11, 2020) (citing Pincay v. Andrews, 9 || 389 F.3d 853, 859 (9th Cir. 2004)). 10 Moreover, the parties will both be prejudiced if they are unable to complete these 11 depositions as the remaining witnesses possess relevant information regarding the primary 12 || contested factual issue in this case, the validity of Defendant’s coverage investigation Id. 13 || Therefore, the parties believe good cause has been demonstrated pursuant to LR II 26-3 for the 14 || reasons stated above and support their request to extend the close of discovery, which will help 15 || to “effectuate the general purpose of seeing that cases are tried on the merits. Id. at *3 (quoting 16 || Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258-59 (9th Cir. 2010). The parties have 17 || been acting in good faith in diligently attempting to complete discovery by the current deadline 18 || and good cause exists for an extension of the discovery deadlines. 19 The parties believe that an additional 90 days of discovery would allow the parties to 20 || complete the remaining discovery necessary for the parties’ claims and defenses and that good 21 || cause is demonstrated by the need to complete the remaining depositions of Defendant’s claims 22 || adjusters and Plaintiff and will only leave the claims handling experts to be deposed, and will 23 || allow for the parties to engage in assisted settlement negotiations. 24 This is the second request for extension of time in this matter. The parties respectfully 25 || submit that the reasons set forth above constitute compelling reasons and good cause for the short 26 || extension. 27 ] PROPOSED SCHEDULE FOR COMPLETING REMAINING DISCOVERY 3 Scheduled Event Current Deadline Proposed Deadline Discovery Cut Off Tuesday, October 29, 2024 Monday, January 27, 2025 4||| Amended Pleadings or to add | June 3, 2024 Closed parties 5 ||| Expert Disclosures Pursuant | Friday, August 30, 2024 Monday, December 2, 2024! to Fed. R. Civ. Proc. 26(a)(2 6 Rebuttal Expert Disclosures Monday, September 30, 2024 | Monday, January 6, 20257 7 Monday December 2, 2024 Monday, March 3, 2025 Joint Pretrial Order Monday, December 30, 2024 | Monday, March 31, 2025 WHEREFORE, the parties respectfully request that this Court extend the discovery period by ninety (90) days, or the nearest business day after ninety (90) days, from the current deadline 10 of October 29, 2024, and the other dates as outlined in accordance with the table above. 11 TRIAL DATE 12 This enlargement of time does not have any effect on trial as trial has not yet been set in 13 this matter. 14 || LEVERTY & ASSOCIATES LAW, CHTD KEATING LAW GROUP 6 Dated this: 28" day of August, 2024 Dated this: 28" day of August, 2024 7 /s/ William R. Ginn . /s/ John T. Keating . 1g || William R. Ginn, Esq., NV Bar No. 6989 John T. Keating, Esq., NV Bar No. 6373 Patrick R. Leverty, Esq., NV Bar No. 8840 9130 W. Russell Road. Suite 200 832 Willow Street 19 Reno, NV 89502 LAS VEGAS, NV 89148 20 , Attomeys for Plaintiffs Attorneys for Defendant 21 22|| IT IS SO ORDERED JOO 23 United States Mavistrate Judge DATED: 8/29/2024 Case No. 2:24-cv-00010-APG-DGA 25 26 27 281), The actual date falls on November 28, 2024, which is Thanksgiving day. Extended from Wednesday, January 1, 2025, which is New Years Day 2 CERTIFICATE OF SERVICE 3 Pursuant to Rule 5(b) of the Federal Rules of Civil Procedure, I hereby certify under 4 || penalty of perjury that Iam an employee of Leverty & Associates Law, Chtd., and that service 5 || of the foregoing Stipulation and Order to Extend Discovery Deadlines (Second Request) was 6 || made via email system to all listed counsel of record, with a copy to follow via U.S. Mail: ee 9130 W. Russell Road, Suite 200 g ||| LAS VEGAS, NV 89148 jkeating@keatinglg.com 9 ||| Attorneys for Allstate Insurance Company 10 DATED: August 28, 2024 I! /, f 12 jj if / / 13 Ka Eraplogee of Lavery & Associates Law Chad 14 15 16 17 18 19 20 21 22 23 24 25 26 27