Fagan v. Liberty Mutual Group, Inc.

• Court: District Court, D. Nevada
• Decided: March 14, 2022
• Docket: 2:21-cv-00616
• Status: Unknown

Opinion

1 ROBERT T. EGLET, ESQ. Nevada Bar No. 3402 9 || TRACY A. EGLET, ESQ. Nevada Bar No. 6419 3 || DANIELLE C. MILLER, ESQ. Nevada Bar No. 9127 4 || EGLET ADAMS 400 S. Seventh St., Suite 400 5 || Las Vegas, NV 89101 (702) 450-5400; Fax: (702) 450-5451 6 || eservice @egletlaw.com -and- 7 || MATTHEW L. SHARP, ESQ. Nevada Bar No. 4746 8 || MATTHEW L. SHARP, LTD. 432 Ridge Street ? |] Reno, NV 89501 10 (775) 324-1500; Fax: (775) 284-0675 Attorneys for Plaintiff 11 D UNITED STATES DISTRICT COURT B DISTRICT OF NEVADA 14 || CAMILLE FAGAN, individually and on behalf of all those similarly situated, Case No.: 2:21-cv-00616- RFB-BNW 15 j= 16 Plaintiff, STIPULATION AND ORDER VS. EXTENDING DEADLINE FOR 17 PLAINTIFF TO FILE AMENDED LIBERTY MUTUAL GROUP, INC., LM COMPLAINT poy 18 || GENERAL INSURANCE, LM 19 INSURANCE CORPORATION, LM PROPERTY & CASUALTY 20 || INSURANCE COMPANY, and DOES 1 through 10, 21 0 Defendants. 23 Plaintiff CAMILLE FAGAN, by and through her counsel of record, Robert T. Eglet, Esq 24 Tracy A. Eglet, Esq., and Danielle C. Miller, Esq. of the law firm EGLET ADAMS and Matthev 25 L. Sharp, Esq. of the law firm MATTHEW L. SHARP, LTD., and Defendants □□□□□□□ 26 MUTUAL GROUP, INC., LM GENERAL INSURANCE, LM INSURANCE CORPORATION 27 and LM PROPERTY & CASUALTY INSURANCE COMPANY (collectively, “Libert 28 Mutual”), by and through their counsel of record, Riley A. Clayton, Esq. of the law firm HALI

1 || JAFFE & CLAYTON, LLP, for good cause shown, hereby stipulate and agree as follows: 2 1. Plaintiff filed her Complaint in the Eighth Judicial District Court for Clark County 3 || Nevada, Case No. A-21-829903-C. Liberty Mutual removed this action to this Court on April 14 4 |} 2021. 5 2. Liberty Mutual filed their Motion to Dismiss on May 21, 2021 [ECF No. 18]. 6 3. Plaintiff filed her Response to Liberty Mutual’s Motion on June 21, 2021 [EC] 7 || No. 20]. 8 4. Liberty Mutual filed a Reply in support of the Motion on July 19, 2021 [ECF Nc 9 || 21]. DY 10 5, That on February 9, 2021, the Honorable Richard F. Boulware, I heard Libert 11 || Mutual’s Motion to Dismiss and dismissed with prejudice all claims except the breach of implie 12 || covenant of good faith and fair dealing claim, tortious bad faith claim, and the Deceptive Trad 13 || Practices Act claim, which were dismissed without prejudice. The Court granted Plaintiff leav 14 || to file an Amended Complaint with respect to Plaintiff's claims that were dismissed withou 15 || prejudice on or before Friday, March 11, 2022 [ECF No. 33]. 16 6. Because the claims that were dismissed without prejudice must be pled witl 17 || particularity, Plaintiff contends that she needs additional time to review Plaintiff's e-mai 18 || correspondence, records, and bank statements going back at least two (2) years, to the beginnin: 19 || of the COVID-19 pandemic. Given how much time has passed and given the burden of pleadin; 20 || Plaintiff's claims with particularity, Plaintiffs position is that she needs additional time t 21 || thoroughly review her records to obtain this information. Plaintiff also represents that she wil 22 || have to request some of this information from third parties, which may take additional time. 23 7. Thus, the Parties hereby stipulate that Plaintiff shall have an additional sixty (60 24 || days to file an Amended Complaint. 25 8. That Plaintiff’s Amended Complaint shall be due on or before May 11, 2022. 26 9. Liberty Mutual shall have sixty (60) days to file a response to Plaintiff’s Amende 27 ||Complaint. Thus, if Plaintiff files her Amended Complaint on May 11, 2022, Liberty Mutua 28 || may answer, move, or otherwise respond to the Amended Complaint within sixty (60) days, i.

1 || by July 11, 2022. This will allow Liberty Mutual to consider Plaintiff's new allegations and t 2 || consider any other rulings from the Court in similarly pending matters. 3 10. The Parties agree that discovery remains stayed pending Plaintiff’s filing of ai 4 || Amended Complaint and resolution of Defendant’s anticipated Motion to Dismiss Plaintiff’ 5 || Amended Complaint. 6 11. In this District, requests to stay discovery may be granted when: (1) the pendin; 7 || motion is potentially dispositive; (2) the potentially dispositive motion can be decided withou 8 || additional discovery; and (3) the Court has taken a “preliminary peek” at the merits of th 9 || potentially dispositive motion. Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 602 (D. Nev. 2011) DY 10 || In doing so, the court must consider whether the pending motion is potentially dispositive of th 11 || entire case, and whether that motion can be decided without additional discovery. See Federa 12 || Housing Finance Agency v. GR Investments LLC, Case No. 2:17-cv-03005-JAD-EJY, 2020 WI 13 || 2798011 at *3 (D. Nev. May 29, 2020) (granting motion to stay discovery pending resolution o 14 || potentially dispositive motion for summary judgment); see also Mintun v. Experian Informatio 15 || Solutions, Inc., 2:19-cv-00033-JAD-NJK, 2019 WL 2130134 at **1-2 (D. Nev. May 15, 2019 16 || (granting motion to stay discovery pending resolution of potentially dispositive motion t — 17 |} dismiss). 18 12. The Parties agree that Liberty Mutual’s anticipated Motion to Dismiss th 19 || forthcoming Amended Complaint, like the first motion, is expected to raise potentially dispositiv 20 || legal and jurisdictional defenses to Plaintiff’s claims concerning Liberty Mutual’s auto insurance 21 || rates during the COVID pandemic. 22 13. Pending resolution of Liberty Mutual’s anticipated Motion to Dismiss th 23 || forthcoming Amended Complaint, the Parties agree and stipulate to a stay of discovery including 24 || but not limited to, any discovery obligations set forth in Fed. R. Civ. P. 26 and LR 26-1. 25 14. If the Court denies Liberty Mutual’s anticipated Motion to Dismiss th 26 || forthcoming Amended Complaint, in whole or in part, the Parties agree to submit a Discover 27 || Plan and Scheduling Order within forty-five (45) days after entry of the Court’s Order on th 28 || Motion. Ifthe Court grants Liberty Mutual’s anticipated Motion to Dismiss with leave to amen

1 || (though Liberty Mutual contends that no further leave would be appropriate), the Parties agre 2 || that discovery should remained stayed pending resolution to any challenge to any subsequer 3 || amended pleading. 4 15. The Parties respectfully suggest that good cause exists to enter the stipulated sta 5 || of discovery to preserve judicial and party resources and based on application of the factors se 6 || forth in paragraph 11, above. 7 16. The Parties represent that this stipulation is sought in good faith, is not interpose 8 || for delay, and is not filed for an improper purpose. 9 DATED this 10th day of March, 2022. DATED this 10th day of March, 2022. 10 HALL JAFFE & CLAYTON, LLP YA EGLET ADAMS 11 /s/ Riley A. Clayton, Esq. Q ROBERT T. EGLET, ESQ. Nevada Bar No. 005260 13 || Nevada Bar No. 3402 7425 Peak Dr. < DANIELLE C. MILLER, ESQ. Las Vegas, NV 89128 14 || Nevada Bar No. 9127 -and- TRACY A. EGLET, ESQ. MICHAEL K FARRELL, ESQ. 15 |] Nevada Bar No. 6419 (admitted pro hac vice) 16 || 400 S. Seventh St., Suite 400 HOSTETLER, LTP Las V. NV 89101 ublic Square, Suite all ame. Cleveland, OH 44114 -and- 18 ||Nonds he ae TIFFANY L. POWERS, ESQ. Nevada Bar No. (admitted pro hac vice) 19 MATTHEW L. SHARP, LTD. ALSTON & BIRD LLP 432 Ridge Street 1201 West Peachtree Street 20 || Reno, NV 89501 Atlanta, GA 30309 3 Attorneys for Plaintiff Attorneys for Defendants

22 3 ORDER 24 Based upon the Parties’ stipulation and GOOD CAUSE APPEARING THEREFOR, I’ 95 || IS SO ORDERED: 26 1. Plaintiff may file her Amended Complaint on or before May 11, 2022. 27 2. Defendants may answer, move or otherwise plead in response to the Amended Complain 28 within sixty days of its filing, 1.e., by July 11, 2022.

1 3. Discovery in this matter remains stayed pending resolution of the pleadings challenges. 2 IT IS SO ORDERED. 5 xa ma bes WE ER ‘ UNITED STATES MAGISTRATE JUDGE

4 DATED: March 11, 2022 10 11 12

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