Bamforth v. State Farm Mutual Automobile Insurance Company

Opinion

1 || ROBERT T. EGLET, ESQ. Nevada Bar No. 3402 2 || TRACY A. EGLET, ESQ. 3 Nevada Bar No. 6419 DANIELLE C. MILLER, ESQ. 4 Nevada Bar No. 9127 EGLET ADAMS 5 400 S. Seventh St., Suite 400 Las Vegas, NV 89101 6 || (702) 450-5400; Fax: (702) 450-5451 eservice @egletlaw.com 7 -and- MATTHEW L. SHARP, ESQ. 8 || Nevada Bar No. 4746 MATTHEW L. SHARP, LTD. 9 || 432 Ridge Street Reno, NV 89501 10 || (775) 324-1500; Fax: (775) 284-0675 i Attorneys for Plaintiffs Dv UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 14 || JOHN BAMFORTH, ALISE | CASE NO.: 2:21-cv-00712-APG-BNW BAMFORTH, JESSICA ENAMORADO, 15 || CYNTHIA LIERA, individually and on 16 || behalf of all those similarly situated, STIPULATION AND PROPOSED pL 7 wo. ORDER EXTENDING DEADLINE FOR — Plaintiff, PLAINTIFFS TO FILE AMENDED UO 18 vs COMPLAINT LL] . 19 STATE FARM MUTUAL AUTOMOBILE 20 || INSURANCE COMPANY, DOES 1 through 10, 21 7 Defendants. 23 24 Plaintiffs JOHN BAMFORTH, ALISE BAMFORTH, JESSICA ENAMORADO at 25 || CYNTHIA LIERA (“Plaintiffs”), by and through their counsel of record, Robert T. Eglet, Esc 26 || Tracy A. Eglet, Esq., and Danielle C. Miller, Esq. of the law firm EGLET ADAMS and Matthe 97 || L. Sharp, Esq. of the law firm MATTHEW L. SHARP, LTD., and Defendant STATE □□□□ 2g |} MUTUAL AUTOMOBILE INSURANCE COMPANY (“State Farm”), by and through |

1 || counsel of record, Karie N. Wilson, Esq. of the law firm ALVERSON TAYLOR & SANDER 2 ||and Frank Falzetta, Esq. and Anna McLean, Esq. of SHEPPARD MULLIN RICHTER | 3 |} HAMPTON, LLP for good cause shown, hereby stipulate and agree as follows: 4 1. Plaintiffs filed their Complaint in the Eighth Judicial District Court for Cla 5 || County, Nevada, Case No. A-21-829883-C. Defendant State Farm removed this action to th 6 || Court on April 30, 2021. 7 2. On May 7, 2021, State Farm moved to dismiss Plaintiffs’ Complaint [ECF No. 1: 8 || (the “Motion”). 9 3. Plaintiffs filed their Response to State Farm’s Motion on June 7, 2021 [ECF N 10 |} 30). 11 4. State Farm filed a Reply in support of the Motion on June 24, 2021. [ECF No. 34 12 5, That after Judges Richard F. Boulware, II and James C. Mahan recused themselve 13 }}on March 11, 2022, the Honorable Andrew P. Gordon granted State Farm’s Motion to Dismis 14 || The Court granted Plaintiffs leave to file an Amended Complaint “if facts exist to do so” by Frida 15 |} April 8, 2022 [ECF No. 44]. 16 6. Because the claims that were dismissed must be pled with particularity, Plaintif 17 need additional time to review relevant documents dating to the beginning of the COVID-] 18 || pandemic. Given how much time has passed and given the burden of pleading Plaintiffs’ clain 19 || with particularity, Plaintiffs need additional time to thoroughly review their records to obtain th 20 || information. 21 7. Thus, the Parties hereby stipulate that Plaintiffs shall have until May 11, 2022. 22 || file an Amended Complaint. 23 8. That State Farm shall have an extension of thirty (30) days to file a □□□□□□ 24 || Dismiss Plaintiffs’ Amended Complaint, or until June 24, 2022. 25 9. The Parties agree that discovery remains stayed pursuant to the order of Magistra 26 || Judge Brenda Weksler dated July 9, 2021 [ECF. 37] pending Plaintiffs filing an □□□□□ 27 ||Complaint and resolution of Defendant’s anticipated Motion to Dismiss Plaintiffs’ Amend 28 || Complaint.

1 10. In this District, requests to stay discovery may be granted when: (1) the pendir 2 || motion is potentially dispositive; (2) the potentially dispositive motion can be decided witho 3 || additional discovery; and (3) the Court has taken a “preliminary peek” at the merits of tl 4 || potentially dispositive motion. Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 602 (D. Nev. 2011 5 || In doing so, the court must consider whether the pending motion is potentially dispositive of th 6 || entire case, and whether that motion can be decided without additional discovery. See Feder 7 || Housing Finance Agency v. GR Investments LLC, Case No. 2:17-cv-03005-JAD-EJY, 2020 W 8 || 2798011 at *3 (D. Nev. May 29, 2020) (granting motion to stay discovery pending resolution « 9 || potentially dispositive motion for summary judgment); see also Mintun vy. Experian Informatic 10 |} Solutions, Inc., 2:19-cv-00033-JAD-NJK, 2019 WL 2130134 at **1-2 (D. Nev. May 15, 201 11 || (granting motion to stay discovery pending resolution of potentially dispositive motion to dismiss 12 11. The Parties agree that State Farm’s anticipated Motion to Dismiss raises potential Q 13 || dispositive legal and jurisdictional defenses to Plaintiffs’ claims concerning State Farm’s au 14 || insurance rates during the COVID pandemic. 15 12. If the Court denies State Farm’s Motion to Dismiss, in whole or in part, the Parti FX 16 agree to submit a Discovery Plan and Scheduling Order within thirty (30) days after entry of tl 17 || Court’s Order on the Motion. 18 13. The Parties respectfully suggest that good cause exists to enter the stipulated □□□ 19 || of discovery to preserve judicial and party resources and based on application of the factors s 20 || forth in paragraph 11, above. 21 |} /// 22 |} /// 23 | /// 24 {I /// 25 |} /// 26 | //// 27 | /// 28 |} ///

1 14. The Parties represent that this stipulation is sought in good faith, is not □□□□□□□□□ 2 || for delay, and is not filed for an improper purpose. 3 || DATED this 21st day of March, 2022. DATED this 21st day of March, 2022. 4 || EGLET ADAMS ALVERSON TAYLOR & SANDERS /s/ Robert T. Eglet, Esq. /s/ Karie N. Wilson 6 || ROBERT T. EGLET, ESQ. J. BRUCE ALVERSON, ESQ. 7 Nevada Bar No. 3402 Nevada Bar No. 1339 DANIELLE C. MILLER, ESQ. KARIE N. WILSON, ESQ. g || Nevada Bar No. 9127 Nevada Bar No. 7957 TRACY A. EGLET, ESQ. 6605 Grand Montecito Pkwy, Ste. 200 9 || Nevada Bar No. 6419 Las Vegas, NV 89149 400 S. Seventh St., Suite 400 702-384-7000 Phone WY 10 |! Las Vegas, NV 89101 702-385-7000 Fax 11 -and- Attorneys for Defendant MATTHEW L. SHARP, ESQ. State Farm Mutual Automobile 12 || Nevada Bar No. 4746 Insurance Company Q MATTHEW L. SHARP, LTD. 13 |) 432 Ridge Street 14 Reno, NV 89501 Attorneys for Plaintiffs 15 FX 16 ORDER

jel sd Based upon the Parties’ stipulation and GOOD CAUSE APPEARING THEREFOR, IT | O 18 |} SO ORDERED: Poa! 19 IT IS SO ORDERED. 20 Ky tae United States Magistrate Judge 09 DATED: March 22, 2022 23 24 25 26 27 28