Jackson v. Key Insurance Company

Opinion

DRUMMOND LAW FIRM Craig W. Drummond, Esq. Nevada Bar No. 11109 Joseph A. Tutone, Esq. Nevada Bar No. 16333 3325 W. Sahara Avenue Las Vegas, NV 89102 T: (702) 366-9966 F: (702) 508-9440 Craig@DrummondFirm.com Joey@DrummondFirm.com Attorneys for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ALEKA JACKSON, individually; ) CASE NO.: 2:22-cv-01542-APG-VCF BETTY JACKSON, individually; ) ) Plaintiffs, ) ) STIPULATION AND ORDER TO vs. ) EXTEND THE CLOSE OF ) DISCOVERY, DISPOSITIVE KEY INSURANCE, a foreign corporation ) MOTIONS DEADLINE, AND JOINT d/b/a STORM LEGAL GROUP and d/b/a ) PRETRIAL ORDER DEADLINE DESERT RIDGE LEGAL GROUP; DOES I ) through V; and ROE CORPORATIONS VI- ) (Seventh Request) X, inclusive, ) ) Defendants. ) ) IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs ALEKA JACKSON and BETTY JACKSON (“Plaintiffs”), through their counsel of record, Craig W. Drummond, Esq. of the DRUMMOND LAW FIRM; and Defendant KEY INSURANCE COMPANY d/b/a STORM LEGAL GROUP and d/b/a DESERT RIDGE LEGAL GROUP (“Defendant”), through its counsel of record, James P.C. Silvestri and Ali R. Iqbal of PYATT SILVESTRI, that the close of discovery, dispositive motions deadline, and joint pretrial order deadline shall be extended sixty (60) days pursuant to LR 26-3. This is the parties’ seventh request for an extension of the discovery deadlines. The parties set forth the following information in support of their stipulation, including additional discovery undertaken since the last stipulation, which is designated in bold. I. A. FRCP 26(a) Disclosures and Supplements Title Date Served Plain tiffs Initial Disclosure of Documents and Witnesses Pursuant Jan. 18, 2023 to FRCP 26(a)(1) Defendant’s Initial List of Witnesses and Disclosure of Documents Jan. 18, 2023 Pursu ant to FRCP 26(F) Defendant’s First Supplemental List of Witnesses and Disclosure Mar. 16, 2023 of Documents Pursuant to FRCP 26(F) Defen dant’s Second Supplemental List of Witnesses and Disclosure Nov. 2, 2023 of Documents Pursuant to FRCP 26(F) Defen dant’s Initial Designation of Expert Witnesses and Disclosure Nov. 2, 2023 Plain tiffs’ Initial Expert Disclosure Pursuant to FRCP 26(a)(2) Nov. 3, 2023 Plaintiffs’ First Supplement to Disclosure of Documents and Dec. 1, 2023 Witn esses Pursuant to FRCP 26(a)(1) Plain tiffs’ Rebuttal Expert Disclosure Pursuant to FRCP 26(a)(2) Dec. 4, 2023 Defendant’s Designation of Rebuttal Expert Witnesses and Dec. 4, 2023 Discl osure Defen dant’s Third Supplemental List of Witnesses and Disclosure Dec. 4, 2023 of Documents Pursuant to FRCP 26(F) Defen dant’s Fourth Supplemental List of Witnesses and Disclosure Dec. 5, 2023 of Documents Pursuant to FRCP 26(F) Plaintiffs’ First Supplement to Initial Expert Disclosure Jan. 11, 2024 Pursu ant to FRCP 26(a)(2) Plaintiff’s Second Supplement to Initial Disclosures Pursuant to Federal Rule July 5, 2024 of Civil Procedure 26(a)(1)

Defendant Key Insurance Company’s 2nd Supplemental Privilege Log Aug. 22, 2024

B. Written Discovery Title Date Served Plaintiff Aleka Jackson’s First Set of Interrogatories to Defendant Key Feb. 14, 2023 Insurance Company d/b/a Storm Legal Group and d/b/a Desert Ridge Legal Group Plaintiff Betty Jackson’s First Set of Interrogatories to Defendant Key Feb. 14, 2023 Insurance Company d/b/a Storm Legal Group and d/b/a Desert Ridge Legal Group Plaintiffs’ First Set of Requests for Production of Documents to Feb. 14, 2023 Defendant Key Insurance Company d/b/a Storm Legal Group and d/b/a Desert Ridge Legal Group Defendant Key Insurance Company’s Responses to Plaintiff Aleka Jackson’s Mar. 16, 2023 First Set of Requests for Interrogatories Defendant Key Insurance Company’s Responses to Plaintiff Betty Jackson’s Mar. 16, 2023 First Set of Requests for Interrogatories Defendant Key Insurance Company’s Responses to Plaintiff’s First Set of Mar. 16, 2023 Requests for Production Defendant Key Insurance Company’s First Set of Interrogatories to Plaintiff Mar. 22, 2023 Aleka Jackson Defendant Key Insurance Company’s First Set of Requests for Production to Mar. 22, 2023 Plaintiff Aleka Jackson Defendant Key Insurance Company’s First Set of Requests for Admissions Mar. 22, 2023 to Plaintiff Aleka Jackson Defendant Key Insurance Company’s First Set of Interrogatories to Plaintiff Mar. 22, 2023 Betty Jackson Defendant Key Insurance Company’s First Set of Requests for Production to Mar. 22, 2023 Plaintiff Betty Jackson Defendant Key Insurance Company’s First Set of Requests for Mar. 22, 2023 Admissions to Plaintiff Betty Jackson Plaintiff Aleka Jackson’s Answers to Defendant Key Insurance Company’s April 21, 2023 First Set of Interrogatories Plaintiff Aleka Jackson’s Responses to Defendant Key Insurance Company’s April 21, 2023 First Set of Requests for Production of Documents Plaintiff Aleka Jackson’s Responses to Defendant Key Insurance Company’s April 21, 2023 First Set of Requests for Admissions Plaintiff Betty Jackson’s Answers to Defendant Key Insurance Company’s April 21, 2023 First Set of Interrogatories Plaintiff Betty Jackson’s Responses to Defendant Key Insurance Company’s April 21, 2023 First Set of Requests for Production of Documents Plaintiff Betty Jackson’s Responses to Defendant Key Insurance April 21, 2023 Company’s First Set of Requests for Admissions Plaintiff Aleka Jackson’s Second Set of Interrogatories to Defendant Key Feb. 29, 2024 Insurance Company d/b/a Storm Legal Group and d/b/a Desert Ridge Legal Group Plaintiffs’ Second Set of Requests for Production of Feb. 29, 2024 Documents to Defendant Key Insurance Company d/b/a Storm Legal Group and d/b/a Desert Ridge Legal Group C. Depositions Deponent Date Plaintiff Aleka Jackson April 21, 2023 Terry McCollam Dec. 4, 2023 Carolyn Bowers Dec. 5, 2023 Carolyn Bowers (continued) Aug. 7, 2024 II. 1. Following the decision and affirmance on the Plaintiff’s Motion to Compel Production of Unredacted Documents and Deposition Testimony (CMECF #50), the parties worked together to set the FRCP 30(b)(6) Witness(es) for Defendant Key Ins. Co. The Order Affirming Magistrate Judge’s Order Denying Motion to Compel was filed on December 16, 2024 (CMECF #68). The earliest date for the deponent and defense following that decision was Friday, January 24, 2025 at 10:00am. Unfortunately, that morning defense counsel learned that their deponent had been taken to the hospital for an emergency medical condition. As such, it was agreed by the parties to reschedule the FRCP 30(b)(6) deposition, as well as the potential deposition of attorney Thomas Laramore if such need should arrive based on the FRCP 30(b)(6) deposition. At this time, defense counsel is working with their client to determine the deponent[s], and potential dates, for the re-scheduled FRCP 30(b)(6) deposition and this continuance of discovery is being requested based on the unforeseen emergency health circumstance of the deponent. a. FRCP 30(b)(6) Witness(es) for Defendant Key Ins. Co. b. Thomas Laramore (Potential Deposition) REASONS DISCOVERY WAS NOT COMPLETED WITHIN THE TIME LIMITS AND NEEDS TO BE EXTENDED “[D]istrict courts . . . retain broad discretion to control their dockets………” Shahrokhi v. Harter, No. 2:21-cv-01126-RFB-NJK, 2021 U.S. Dist. LEXIS 247936, at *4 (D. Nev. Dec. 30, 2021). To prevail on a request to extend discovery deadlines, the parties must establish good cause. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608-09 (9th Cir. 1992). “Good cause to extend a discovery deadline exists if it cannot reasonably be met despite the diligence of the party seeking the extension.” Las Vegas Skydiving Adventures LLC v. Groupon, Inc., No. 2:18-cv-02342-APG- VCF, 2020 U.S. Dist. LEXIS166073, at *6 (D. Nev. Sep. 10, 2020) (internal quotations omitted). For the reasons set forth below, the parties respectfully submit that good cause supports their request for an extension of the close of discovery, dispositive motions deadline and joint pretrial order deadline. The parties respectfully request an extension of the close of discovery, dispositive motions deadline, and joint pretrial order deadline for after the rescheduled the FRCP 30(b)(6) deposition, as well as the potential deposition of attorney Thomas Laramore if such need should arrive based on the FRCP 30(b)(6) deposition On April 8, 2024, Attorney Dennis Prince, Esq. unexpectedly passed away. On June 19, 2024, Attorney Drummond filed his Stipulation to Substitute as Lead Counsel. See 2:22-cv-01542-APG- MDC Document 44. On August 7, 2024, Attorney Drummond took the second part of the depositions of Ms. Carolyn Bowers who was the Claims Handler for the underlying insurance claim. That following the deposition of Ms. Bowers on August 7, 2024, Attorney Drummond conferred with Attorney Iqbal regarding matters related to attorney-client privilege and work-product privilege. Further, counsel for the parties discuss the then upcoming FRCP 30(b)(6) deposition set for August 15, 2024. Further, counsel for the parties discussed that they would likely need to be moved to address the assertion of attorney-client privilege, as well as to agree on the topic areas. On Friday, August 9, 2024, a conference call was held during which all counsel participated, including Attorney Joseph Tutone, Esq. with the Drummond Law Firm, as well as Mr. Silvestri and Mr. Iqbal with Pyatt Silvestri representing the Defendant. Following the conference, on August 19, 2024, counsel for the Plaintiffs filed a Motion to Compel Production of Unredacted Documents and Deposition Testimony (CMECF #50). On December 3, 2024, this Honorable Court signed the Sixth Request to extend discovery (CMECF #67). As outlined above, the Order Affirming Magistrate Judge’s Order Denying Motion to Compel was filed on December 16, 2024 (CMECF #68). The earliest date for the deponent and defense following that decision was Friday, January 24, 2025 at 10:00am. Unfortunately, that morning defense counsel learned that their deponent had been taken to the hospital for an emergency medical condition. As such, it was agreed by the parties to reschedule the FRCP 30(b)(6) deposition, as well as the potential deposition of attorney Thomas Laramore if such need should arrive based on the FRCP 30(b)(6) deposition. At this time, defense counsel is working with their client to determine the deponent[s], and potential dates, for the re-scheduled FRCP 30(b)(6) deposition and this continuance of discovery is being requested based on the unforeseen emergency health circumstances. This request is being made before the current deadlines expire from the Sixth requested extension filed on December 3, 2024, (CMECF #67). Based on the reasons set forth above, the parties respectfully submit that good cause supports their requested stipulation for sixty days (60) day extension of the close of discovery, dispositive motions deadline, and joint pretrial order deadline. The parties’ requested extension of these deadlines is not made in bad faith or to cause any unnecessary delays in the resolution of this matter.

IV. PROPOSED SCHEDULE FOR COMPLETING DISCOVERY Current Date Proposed Date Amend Pleadings and Add Parties: July 5, 2023 Closed Initial Expert Disclosures: August 3, 2023 Closed Rebuttal Expert Disclosures: September 5, 2023 Closed Close of Discovery: January 28, 2025 March 31, 20251

Dispositive Motions February 27, 2025 April 30, 2025 Joint Pretrial Order March 31, 2025 May 30, 2025 ///

Based on the foregoing, the parties respectfully request this Court grant their Stipulation and Order to Extend the Close of Discovery Dispositive Motions Deadline and Joint Pretrial Order (Seventh Request). DATED this 27th day of January, 2025. DATED this 27th day of January, 2025. By /s/ Craig W. Drummond By /s/ Ali R. Iqbal Craig W. Drummond, Esq. James P.C. SILVESTRI, Esq. Nevada Bar No. 11109 Nevada Bar No. 3603 Joseph A. Tutone, Esq. ALI R. IQBAL, Esq. Nevada Bar No. 16333 Nevada Bar No. 15056 3325 W. Sahara Avenue 701 Bridger Avenue Las Vegas, NV 89102 Las Vegas, Nevada 89101 Attorneys for Plaintiffs Attorneys for Defendants IT IS SO ORDERED: UNITED STATES MAGISTRATE JUDGE DATED: _ _1_-2_7__-2_5___________________