1 WRIGHT, FINLAY & ZAK, LLP Darren T. Brenner, Esq. 2 Nevada Bar No. 8386 Stephanie A. Garabedian, Esq. 3 Nevada Bar No. 9612 4 8337 W. Sunset Rd., Suite 220 Las Vegas, NV 89113 5 (949)477-5050; Fax: (702) 946-1345 6 dbrenner@wrightlegal.net sgarabedian@wrightlegal.net 7 Attorneys for Defendant, Hartford Insurance Company of the Midwest 8 9 DAVID R. SIDRAN, ESQ. Nevada Bar No. 7517 10 SIDRAN LAW CORP 7251 West Lake Mead Boulevard, Suite 300 11 Las Vegas, Nevada 89128 12 Phone/Facsimile: (702) 551-2015 dsidran@sidranlaw.com 13 eservice@sidranlaw.com Attorneys for Plaintiff, 14 Leslie R. Bakke 15 16 UNITED STATES DISTRICT COURT 17 DISTRICT OF NEVADA 18 19 LESLIE R. BAKKE, an individual, ROBERT Case No.: 2:23-cv-01098-GMN-EJY 20 HANBLEN, an individual STIPULATION AND ORDER TO 21 Plaintiff, EXTEND THE CLOSE OF v. DISCOVERY, DISPOSITIVE 22 MOTIONS DEADLINE, AND JOINT HARTFORD INSURANCE COMPANY OF PRETRIAL ORDER DEADLINE 23 THE MIDWEST, Does 1 through 10, inclusive, 24 Defendant. FIFTH REQUEST 25 26 27 IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff Leslie R. 28 Bakke, through her counsel of record, the law firm of Sidran Law Corp and Defendant 1 Hartford Insurance Company of the Midwest, through its counsel of record, the law firm of 2 WRIGHT, FINLAY & ZAK, LLP, that the discovery deadlines in this matter shall be 3 extended ninety (90) days pursuant to LR 26-3. This is the Parties’ fifth request for an 4 extension of the discovery deadlines. The Parties set forth the following information in 5 support of their stipulation. 6 I. 7 DISCOVERY COMPLETED TO DATE 8 A.FRCP 26(a) Disclosures and Supplements 9 Title Date Served Plaintiff’s Initial Disclosure of Documents and Witnesses Pursuant to September 28, 2023 10 FRCP 26(a)(1) 11 Hartford Insurance Company of the Midwest’s Initial Disclosure of September 14, 2023 Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) 12 Hartford Insurance Company of the Midwest’s First Supplemental January 30, 2024 13 Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) 14 Hartford Insurance Company of the Midwest’s Second Supplemental May 23, 2024 Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. 15 RULE 26.1(a)(1) 16 Hartford Insurance Company of the Midwest’s Third Supplemental September 11, 2024 Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. 17 RULE 26.1(a)(1) Hartford Insurance Company of the Midwest’s Fourth Supplemental November 15, 2024 18 Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. 19 RULE 26.1(a)(1) Hartford Insurance Company of the Midwest’s Fifth Supplemental November 7, 2024 20 Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. 21 RULE 26.1(a)(1) Hartford Insurance Company of the Midwest’s Initial Disclosure of November 8, 2024 22 Expert Witnesses Plaintiff Leslie Bakke’s Initial Disclosure of Expert Witnesses November 8, 2024 23 Hartford Insurance Company of the Midwest’s Rebuttal Expert December 18, 2024 24 Witnesses and Reports Plaintiff Leslie Bakke’s Rebuttal Disclosure of Expert Witnesses December 20, 2024 25 Hartford Insurance Company of the Midwest’s Sixth Supplemental January 29, 2025 26 Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) 27 Plaintiff’s First Supplemental Disclosure of Documents and Witnesses February 21, 2025 Pursuant to FRCP 26(a)(1) 28 Plaintiff’s Second Supplemental Disclosure of Documents and March 3, 2025 Witnesses Pursuant to FRCP 26(a)(1) 1 2 B. Written Discovery 3 Title Date Served 4 Hartford Insurance Company of the Midwest’s First Set of October 6, 2023 Interrogatories to Plaintiff 5 Hartford Insurance Company of the Midwest’s First Set of Requests October 6, 2023 6 for Admissions to Plaintiff Hartford Insurance Company of the Midwest’s First Set of Requests October 6, 2023 7 for Production of Documents to Plaintiff Plaintiff’s Responses to Hartford Insurance Company of the Midwest’s December 22, 2023 8 First Set of Requests for Production of Documents to Plaintiff 9 Plaintiff’s Responses to Hartford Insurance Company of the Midwest’s December 22, 2023 First Set of Requests for Admissions to Plaintiff 10 Plaintiff’s Responses to Hartford Insurance Company of the Midwest’s December 22, 2023 First Set of Interrogatories to Plaintiff 11 Plaintiff’s First Set of Requests for Production of Documents to August 26, 2024 12 Defendant Plaintiff’s First Set of Requests for Admissions to Defendant August 26, 2024 13 Plaintiff’s First Set of Interrogatories to Defendant August 26, 2024 14 Defendant’s Response to Plaintiff’s First Set of Requests for October 15, 2024 Production of Documents to Defendant 15 Defendant’s Response to Plaintiff’s First Set of Requests for October 15, 2024 Admissions to Defendant 16 Defendant’s Response to Plaintiff’s First Set of Interrogatories to October 15, 2024 17 Defendant Defendant’s Second Set of Requests for Admissions to Plaintiff November 20, 2024 18 Defendant’s Second Set of Interrogatories to Plaintiff November 20, 2024 19 Defendant’s Third Set of Requests for Admissions to Plaintiff December 5, 2024 Defendant’s Third Set of Interrogatories to Plaintiff December 5, 2024 20 Bakke’s Responses to Defendant’s Second Set of Requests for January 10, 2025 Admissions 21 Bakke’s Responses to Defendant’s Third Set of Interrogatories January 10, 2025 22 Bakke’s Responses to Defendant’s Third Set of Requests for January 10, 2025 Production of Documents 23 24 C.Depositions 25 Deponent Date Plaintiff Leslie Bakke January 31, 2024 26 Robert Hamblen January 27, 2025 27 Hartford employee Michelle Burruel January 30, 2025 Hartford employee Will Shade January 31, 2025 28 1 2 D.Subpoenas Issued Subpoena Date 3 Stanford Healthcare January 4, 2024 4 5 E. Expert Disclosure 6 Initial Expert Disclosure Date Both Sides Served Initial Expert Disclosures November 8, 2024 7 Hartford Insurance Company of the Midwest’s Rebuttal Expert December 18, 2024 Witnesses and Reports 8 Plaintiff Leslie Bakke’s Rebuttal Disclosure of Expert Witnesses December 20, 2024 9 Plaintiff’s First Supplemental Disclosure of Documents and Witnesses February 21, 2025 Pursuant to FRCP 26(a)(1) 10 11 II. 12 DISCOVERY TO BE COMPLETED 13 1. Plaintiff will take the deposition of the FRCP 30(b)(6) witness for Defendant. 14 15 2. Plaintiff will take the deposition of Defendant’s medical expert, Dr. Fish. 16 3. Plaintiff will take the deposition of Defendant’s liability expert, Mr. Titus 17 4. Defendant will take the deposition of Plaintiff’s medical expert, Dr. Oliveri. 18 5. Defendant will take the deposition of Plaintiff’s liability expert, Mr. Zalma. 19 6. Defendant will take the deposition of Plaintiff’s treating physicians. 20 7. The parties will engage in additional written discovery and notice any 21 additional depositions. 22 The parties anticipate that they may need to conduct other forms of discovery not 23 specifically delineated herein on an as-needed basis. Therefore, the list outlined above is in no 24 way intended to be a comprehensive list of the outstanding discovery that remains to be 25 completed. 26 27 28 1 III. REASONS DISCOVERY WAS NOT COMPLETED WITHIN THE TIME LIMITS 2 AND NEEDS TO BE EXTENDED 3 “[D]istrict courts . . . retain broad discretion to control their dockets . . . .” Shahrokhi v. 4 Harter, No. 2:21-cv-01126-RFB-NJK, 2021 U.S. Dist.
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1 WRIGHT, FINLAY & ZAK, LLP Darren T. Brenner, Esq. 2 Nevada Bar No. 8386 Stephanie A. Garabedian, Esq. 3 Nevada Bar No. 9612 4 8337 W. Sunset Rd., Suite 220 Las Vegas, NV 89113 5 (949)477-5050; Fax: (702) 946-1345 6 dbrenner@wrightlegal.net sgarabedian@wrightlegal.net 7 Attorneys for Defendant, Hartford Insurance Company of the Midwest 8 9 DAVID R. SIDRAN, ESQ. Nevada Bar No. 7517 10 SIDRAN LAW CORP 7251 West Lake Mead Boulevard, Suite 300 11 Las Vegas, Nevada 89128 12 Phone/Facsimile: (702) 551-2015 dsidran@sidranlaw.com 13 eservice@sidranlaw.com Attorneys for Plaintiff, 14 Leslie R. Bakke 15 16 UNITED STATES DISTRICT COURT 17 DISTRICT OF NEVADA 18 19 LESLIE R. BAKKE, an individual, ROBERT Case No.: 2:23-cv-01098-GMN-EJY 20 HANBLEN, an individual STIPULATION AND ORDER TO 21 Plaintiff, EXTEND THE CLOSE OF v. DISCOVERY, DISPOSITIVE 22 MOTIONS DEADLINE, AND JOINT HARTFORD INSURANCE COMPANY OF PRETRIAL ORDER DEADLINE 23 THE MIDWEST, Does 1 through 10, inclusive, 24 Defendant. FIFTH REQUEST 25 26 27 IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff Leslie R. 28 Bakke, through her counsel of record, the law firm of Sidran Law Corp and Defendant 1 Hartford Insurance Company of the Midwest, through its counsel of record, the law firm of 2 WRIGHT, FINLAY & ZAK, LLP, that the discovery deadlines in this matter shall be 3 extended ninety (90) days pursuant to LR 26-3. This is the Parties’ fifth request for an 4 extension of the discovery deadlines. The Parties set forth the following information in 5 support of their stipulation. 6 I. 7 DISCOVERY COMPLETED TO DATE 8 A.FRCP 26(a) Disclosures and Supplements 9 Title Date Served Plaintiff’s Initial Disclosure of Documents and Witnesses Pursuant to September 28, 2023 10 FRCP 26(a)(1) 11 Hartford Insurance Company of the Midwest’s Initial Disclosure of September 14, 2023 Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) 12 Hartford Insurance Company of the Midwest’s First Supplemental January 30, 2024 13 Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) 14 Hartford Insurance Company of the Midwest’s Second Supplemental May 23, 2024 Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. 15 RULE 26.1(a)(1) 16 Hartford Insurance Company of the Midwest’s Third Supplemental September 11, 2024 Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. 17 RULE 26.1(a)(1) Hartford Insurance Company of the Midwest’s Fourth Supplemental November 15, 2024 18 Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. 19 RULE 26.1(a)(1) Hartford Insurance Company of the Midwest’s Fifth Supplemental November 7, 2024 20 Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. 21 RULE 26.1(a)(1) Hartford Insurance Company of the Midwest’s Initial Disclosure of November 8, 2024 22 Expert Witnesses Plaintiff Leslie Bakke’s Initial Disclosure of Expert Witnesses November 8, 2024 23 Hartford Insurance Company of the Midwest’s Rebuttal Expert December 18, 2024 24 Witnesses and Reports Plaintiff Leslie Bakke’s Rebuttal Disclosure of Expert Witnesses December 20, 2024 25 Hartford Insurance Company of the Midwest’s Sixth Supplemental January 29, 2025 26 Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) 27 Plaintiff’s First Supplemental Disclosure of Documents and Witnesses February 21, 2025 Pursuant to FRCP 26(a)(1) 28 Plaintiff’s Second Supplemental Disclosure of Documents and March 3, 2025 Witnesses Pursuant to FRCP 26(a)(1) 1 2 B. Written Discovery 3 Title Date Served 4 Hartford Insurance Company of the Midwest’s First Set of October 6, 2023 Interrogatories to Plaintiff 5 Hartford Insurance Company of the Midwest’s First Set of Requests October 6, 2023 6 for Admissions to Plaintiff Hartford Insurance Company of the Midwest’s First Set of Requests October 6, 2023 7 for Production of Documents to Plaintiff Plaintiff’s Responses to Hartford Insurance Company of the Midwest’s December 22, 2023 8 First Set of Requests for Production of Documents to Plaintiff 9 Plaintiff’s Responses to Hartford Insurance Company of the Midwest’s December 22, 2023 First Set of Requests for Admissions to Plaintiff 10 Plaintiff’s Responses to Hartford Insurance Company of the Midwest’s December 22, 2023 First Set of Interrogatories to Plaintiff 11 Plaintiff’s First Set of Requests for Production of Documents to August 26, 2024 12 Defendant Plaintiff’s First Set of Requests for Admissions to Defendant August 26, 2024 13 Plaintiff’s First Set of Interrogatories to Defendant August 26, 2024 14 Defendant’s Response to Plaintiff’s First Set of Requests for October 15, 2024 Production of Documents to Defendant 15 Defendant’s Response to Plaintiff’s First Set of Requests for October 15, 2024 Admissions to Defendant 16 Defendant’s Response to Plaintiff’s First Set of Interrogatories to October 15, 2024 17 Defendant Defendant’s Second Set of Requests for Admissions to Plaintiff November 20, 2024 18 Defendant’s Second Set of Interrogatories to Plaintiff November 20, 2024 19 Defendant’s Third Set of Requests for Admissions to Plaintiff December 5, 2024 Defendant’s Third Set of Interrogatories to Plaintiff December 5, 2024 20 Bakke’s Responses to Defendant’s Second Set of Requests for January 10, 2025 Admissions 21 Bakke’s Responses to Defendant’s Third Set of Interrogatories January 10, 2025 22 Bakke’s Responses to Defendant’s Third Set of Requests for January 10, 2025 Production of Documents 23 24 C.Depositions 25 Deponent Date Plaintiff Leslie Bakke January 31, 2024 26 Robert Hamblen January 27, 2025 27 Hartford employee Michelle Burruel January 30, 2025 Hartford employee Will Shade January 31, 2025 28 1 2 D.Subpoenas Issued Subpoena Date 3 Stanford Healthcare January 4, 2024 4 5 E. Expert Disclosure 6 Initial Expert Disclosure Date Both Sides Served Initial Expert Disclosures November 8, 2024 7 Hartford Insurance Company of the Midwest’s Rebuttal Expert December 18, 2024 Witnesses and Reports 8 Plaintiff Leslie Bakke’s Rebuttal Disclosure of Expert Witnesses December 20, 2024 9 Plaintiff’s First Supplemental Disclosure of Documents and Witnesses February 21, 2025 Pursuant to FRCP 26(a)(1) 10 11 II. 12 DISCOVERY TO BE COMPLETED 13 1. Plaintiff will take the deposition of the FRCP 30(b)(6) witness for Defendant. 14 15 2. Plaintiff will take the deposition of Defendant’s medical expert, Dr. Fish. 16 3. Plaintiff will take the deposition of Defendant’s liability expert, Mr. Titus 17 4. Defendant will take the deposition of Plaintiff’s medical expert, Dr. Oliveri. 18 5. Defendant will take the deposition of Plaintiff’s liability expert, Mr. Zalma. 19 6. Defendant will take the deposition of Plaintiff’s treating physicians. 20 7. The parties will engage in additional written discovery and notice any 21 additional depositions. 22 The parties anticipate that they may need to conduct other forms of discovery not 23 specifically delineated herein on an as-needed basis. Therefore, the list outlined above is in no 24 way intended to be a comprehensive list of the outstanding discovery that remains to be 25 completed. 26 27 28 1 III. REASONS DISCOVERY WAS NOT COMPLETED WITHIN THE TIME LIMITS 2 AND NEEDS TO BE EXTENDED 3 “[D]istrict courts . . . retain broad discretion to control their dockets . . . .” Shahrokhi v. 4 Harter, No. 2:21-cv-01126-RFB-NJK, 2021 U.S. Dist. LEXIS 247936, at *4 (D. Nev. Dec. 5 6 30, 2021). To prevail on a request to extend discovery deadlines, the parties must establish 7 good cause. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608-09 (9th Cir. 1992). 8 “Good cause to extend a discovery deadline exists if it cannot reasonably be met despite the 9 diligence of the party seeking the extension.” Las Vegas Skydiving Adventures LLC v. 10 Groupon, Inc., No. 2:18-cv-02342-APG-VCF, 2020 U.S. Dist. LEXIS 166073, at *6 (D. Nev. 11 Sep. 10, 2020) (internal quotations omitted). For the reasons set forth below, the parties 12 respectfully submit that good cause supports their request for an extension of the close of 13 discovery, dispositive motions deadline and joint pretrial order deadline. 14 The parties respectfully request an extension of the discovery deadlines in this matter 15 for several reasons. 16 1. The parties intend to depose at least five (5) witness as listed above including four 17 (4) experts and several treating providers witnesses necessitating extension of the 18 April 7, 2025 discovery cutoff. 19 2. The parties intend to participate in a mediation in hopes of resolving the matter 20 without incurring the additional costs of taking expert and doctor depositions. 21 An extension of the discovery deadlines will preserve the status quo, and will 22 minimize the expense of the Parties’ resources and those of the Court until such mediation can 23 be concluded. Mediterranean Enterprises, Inc. v. Ssangyong Corp., 708 F.2d 1458, 1465 (9th 24 Cir. 1983). Additionally, it will prevent the risk of the court needlessly expending its energies 25 26 to further manage the case when the case may well settle as a result of the parties' own accord 27 at the upcoming mediation. Sommers v. Cuddy, 2013 U.S. Dist. LEXIS 12430 (D.Nev. 2013). 28 Discovery should be continued as stipulated between the Parties to allow for a full and 1 complete effort to mediate this dispute. Moreover, as no trial in this matter has been set, the 2 requested extension of discovery does not require a change to any trial date. The Parties 3 jointly request to extend the stay. Neither Party to this lawsuit will be prejudiced by the 4 extension of the deadlines. 5 IV. 6 PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 7 Current Date Proposed Date 8 Amend Pleadings and Add Parties: Closed Closed 9 Initial Expert Disclosures: Completed Completed 10 Rebuttal Expert Disclosures: Completed Completed 11 Close of Discovery: April 7, 2025 July 7, 2025 12 Dispositive Motions May 9, 2025 August 8, 2025 13 Joint Pretrial Order May 9, 2025 August 8, 2025 14 Based on the foregoing, the parties respectfully request this Court grant their 15 16 Stipulation and Order to Extend the Close of Discovery, Dispositive Motions Deadline, and 17 Joint Pretrial Order Deadline (Fifth Request). 18 DATED this 7th day of March, 2025. DATED this 7th day of March, 2025. 19 By: /s/ David R. Sidran By: /s/ Stephanie Garabedian 20 DAVID R. SIDRAN, ESQ. STEPHANIE GARABEDIAN, ESQ. 21 Nevada Bar No. 7517 Nevada Bar No. 9612 SIDRAN LAW CORP WRIGHT, FINLAY & ZAK, LLP 22 7251 West Lake Mead Boulevard, #300 8337 W. Sunset Rd., #220 Las Vegas, Nevada 89128 Las Vegas, NV 89113 23 Attorney for Plaintiff, LESLIE R. BAKKE Attorney for Defendant HARTFORD 24 INSURANCE COMPANY OF THE MIDWEST 25 ORDER 26 IT IS SO ORDERED. 27 Dated this 7th day of March, 2025. 28 _______________________________________ UNITED STATES MAGISTRATE JUDGE