Herrera v. Northland Insurance Company

Opinion

1 Sheri M. Thome, Esq. Nevada Bar No. 008657 2 Nicholas F. Adams, Esq. Nevada Bar No. 014813 3 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 4 6689 Las Vegas Blvd. South, Suite 200 Las Vegas, Nevada 89119 5 Telephone: 702.727.1400 Facsimile: 702.727.1401 6 Email: Sheri.Thome@wilsonelser.com Email: Nicholas.Adams@wilsonelser.com 7 Attorneys for Defendant Northland Insurance Company 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 CARLOS M. HERRERA, Case No. 2:24-cv-01999-MDC 11 Plaintiffs, 12 v. STIPULATION AND (PROPOSED) 13 ORDER TO STAY DISCOVERY FORTY- NORTHLAND INSURANCE COMPANY, a FIVE DAYS PENDING MEDIATION 14 foreign corporation; DOE NORTHLAND EMPLOYEE, an individual; DOE (FIRST REQUEST) 15 INDIVIDUALS I-X, inclusive; and ROE COPORATIONS I though X, inclusive, 16 Defendants. 17 18 Plaintiff Carlos M. Herrera (“Herrera”) and Defendant Northland Insurance Company 19 (“Northland”) (collectively the “parties”) by and through their respective counsel, hereby stipulate 20 and agree to stay discovery forty-five (45) days pending mediation. 21 On February 7, 2025, this Court granted a stipulation to extend discovery deadlines (first 22 request). ECF No. 20. The operative deadlines are as follows: 23  Initial expert disclosures: March 14, 2025 (closed) 24  Rebuttal expert disclosures: April 14, 2025 (closed) 25  Close of discovery: May 13, 2025 26  Dispositive motions: June 12, 2025 27  Joint proposed pre-trial order: July 14, 2025. In the event dispositive motions are filed, the date for filing the joint pretrial order shall be suspended until thirty (30) days after 1 the decision of the dispositive motions. The disclosures required by FRCP 26(a)(3), 2 and any objections thereto, shall be included in the pretrial order. 3 The parties have worked together and have agreed to mediate this matter with a private mediator 4 within forty-five (45) days. 5 Courts have “broad discretion in managing their dockets.” BYARS v. W. Best LLC, No. 2:19- 6 cv-1690-JCM-DJA, 2020 U.S. Dist. LEXIS 118879 at *1 (D. Nev. July. 6, 2020)(citing Clinton v. 7 Jones, 520 U.S. 681, 706-07, 117 S. Ct. 1636, 137 L.Ed. 2d 945 (1997)). In exercising this 8 discretion, “courts are guided by the goals of security the just, speedy, and inexpensive resolution 9 of actions.” Id.; see also Fed. R. Civ. P. 1. This broad discretion applies to discovery, including 10 whether to allow or deny discovery. See e.g., Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir. 11 1988). 12 Here the parties agree that good cause exists to stay discovery given that the parties have 13 worked together and have agreed to mediate this matter within forty-five (45) days to pursue a full 14 resolution of this matter. See Schrader v. Wynn Las Vegas, LLC, No. 2:19-cv-02159-JCM-BNW, 15 2021 U.S. Dist. LEXIS 198974, at *4 (D. Nev. Oct. 14, 2021); Aristocrat Techs., Inc. v. Light & 16 Wonder, Inc., No. 2:24-cv-00382-GMN-MDC, 2024 U.S. Dist. LEXIS 90611, 2024 WL 2302151, 17 at *1 (D. Nev. May 21, 2024). Staying discovery here will also avoid duplicating discovery efforts 18 and help avoid unnecessary fees associated with pursuing discovery before the mediation. 19 Therefore, the parties hereby agree and stipulate that: 20 1. The close of discovery deadline (and related MSJ deadline) in this action shall be stayed 21 for a period of forty-five (45) days for the parties to engage in mediation. The parties thus 22 request discovery and any filings of be stayed until June 19, 2025, to facilitate mediation 23 efforts and to divert time and resources to mediation. 24 2. Should mediation result in resolution, the parties will notify this Court no later than June 25 19, 2025. If the mediation is unsuccessful, the parties shall notify the court by June 19, 26 2025 and shall stipulate, subject to judicial approval, to a new close of discovery deadline, 27 dispositive motion deadline, and joint pre-trial order deadline. 1 4. The parties aver that good cause exits here because the parties are actively seeking to 2 resolve the case and are attempting to do so by pursing formal mediation. 3 5. The parties make this stipulation in good faith and not for the purpose of delay. 4 IT IS SO STIPULATED. 5 || DATED this 5" day of May, 2025. DATED this 5 day of May, 2025. 6 || WILSON, ELSER, MOSKOWITZ, EDELMAN RICHARD HARRIS LAW FIRM 7 & DICKER LLP By: /s/Nicholas F. Adams By: /s/Alberto Castro 8 Sheri M. Thome, Esq. Alberto Castro, Esq. Nevada Bar No. 008657 Nevada Bar No. 014690 9 Nicholas F. Adams, Esq. 801 South Fourth Street Nevada Bar No. 014813 Las Vegas, NV 89101 10 6689 Las Vegas Blvd. South, Suite 200 alberto @ richardharrislaw.com Las Vegas, Nevada 89119 Attorneys for Plaintiff 11 Sheri. Thome @ wilsonelser.com Carlos M. Herrera Nicholas.Adams @ wilsonelser.com 12 Attorneys for Defendant 13 Northland Insurance Company 14 ORDER 15 IT IS SO ORDERED. 16 4 - M __ 18 Hon. MaxifhiliangD. Couvil fer II] Uniied States Magistrate Jetdge 19 5/6/2025/ 20 21 22 23 24 25 26 27 28 ry