Herrera v. Northland Insurance Company

Opinion

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