Minden v. Allstate Property and Casualty Insurance Company

Opinion

1 Reid Rubinstein & Bogatz I. SCOTT BOGATZ, ESQ. 2 Nevada Bar No. 3367 MICHAEL S. KELLEY, ESQ. 3 Nevada Bar No. 10101 300 South 4th Street, Suite 830 4 Las Vegas, Nevada 89101 Telephone: (702) 776-7000 5 Facsimile: (702) 776-7900 sbogatz@rrblf.com 6 mkelley@rrblf.com Attorneys for Plaintiff 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA

9 MICHAEL MINDEN & THERESA MINDEN, Case No.: 2:21-cv-00151-APG-BNW 10 Plaintiffs, 11 vs. STIPULATION TO EXTEND DISCOVERY DEADLINES 12 ALLSTATE PROPERTY AND CASUALTY (Third Request) 13 INSURANCE COMPANY, an Illinois Corporation; DOE INDIVIDUALS 1-10 and ROE 14 ENTITIES I-X, 15 Defendants. 16 17 Pursuant to LR IA 6-1 and LR 26-3, Plaintiffs, Michael and Theresa Minden (collectively, 18 “Plaintiffs”) and Defendant, Allstate Property and Casualty Insurance Company (“Defendant”), 19 by and through their respective counsel, hereby stipulate to extend the discovery deadlines. This 20 is the second request to extend the discovery deadlines. This stipulation is submitted within 21 21 days of the initial expert deadline. Under LR 26-3, the stipulation is within 21 days because 22 Plaintiffs’ counsel was involved in back-to-back jury trials that extended to November 16, 2021. 23 Also, Plaintiffs’ counsel’s wife’s grandfather passed away and counsel has been helping his wife’s 24 family through that process. Because of this, Plaintiffs have been delayed in submitting this 25 stipulation and finalizing the information needed the damages expert reports. 26 /// 27 /// 28 1 1. Discovery completed. 2  Plaintiffs and Defendant have both produced their initial disclosures, and both parties 3 have supplemented their disclosures. 4  Defendant propounded Interrogatories and Requests for Production to Plaintiffs, and 5 Plaintiffs have responded to the Interrogatories and Requests for Production. 6  Plaintiffs propounded Interrogatories and Requests for Production to Defendant, and 7 Defendant has responded to the Interrogatories and Requests for Production. 8  Defendant has served subpoenas duces tecum on third-parties, Dean Roofing Co., DL 9 Denman Construction, Inc., J&J Contracting, LLC, Kalb Industries of Nevada, Ltd., 10 Precision Roofing, Inc., Prestige Roofing, Inc., Roberts Roof and Floor, Inc., and 11 Terravita Home Construction Co. 12  Defendant has deposed Plaintiffs and third-party, Prestige Roofing, Inc. 13 2. Discovery that remains to be completed. 14  Plaintiffs intend to depose Defendant’s Rule 30(b)(6) witness. 15  Both Plaintiffs and Defendants intend to disclose experts and/or rebuttal experts and 16 the parties will depose the experts. 17  Both Plaintiffs and Defendant may propound further written discovery. 18  Plaintiffs and/or Defendant may take the depositions of certain third-parties. 19 3. The reasons why the discovery was not completed within the time limits set by the 20 scheduling order. 21 Plaintiffs’ counsel was involved in back-to-back jury trials that extended to November 16, 22 2021. Also, Plaintiffs’ counsel’s wife’s grandfather passed away and counsel has been helping his 23 wife’s family through that process. Plaintiffs are disclosing their wind expert and his report on 24 November 22, 2021. However, because of the identified delays, Plaintiffs need more time in 25 finalizing the experts report(s) regarding damages. This extension is requested in good faith and 26 not to delay the proceedings or prejudice any party. 27 /// 28 ] 4. Proposed schedule for completing all remaining discovery. 2 4 | Current Deadline Proposed Deadline

4 Initial Expert Disclosure! November 22, 2021 December 3, 2021

5 Rebuttal Expert Disclosure December 22, 2021 January 3, 2022 6 Close of Discovery January 21, 2022 February 2, 2022 February 22,2022 | March 42022 g Pretrial Order March 24, 2022 April 4, 20227 9 10 Dated this 22nd day of November, 2021. 1] REID RUBINSTEIN & BOGATZ McCORMICK, BARSTOW, SHEPPARD, 12 WAYTE & CARRUTH, LLP 5 13 /s/ Michael S. Kelley /s/ Jonathan W. Carlson § g = > 14 I. Scott Bogatz, Esq. Wade M. Hansard, Esq. 3 “25 = Nevada Bar No. 3367 Nevada Bar No. 8104 3 15 Michael S. Kelley Jonathan W. Carlson, Esq. Nevada Bar No. 10101 Nevada Bar No. 10536 4 3 = 16 300 South 4" Street, Ste 830 8337 West Sunset Road, Ste 350 Las Vegas, NV 89101 Las Vegas, NV 89113 8 17 Attorneys for Plaintiffs Attorneys for Defendants 18 19 20 IT IS SO ORDERED.

02 UNITED STATES MAGISTRATE JUDGE 3 DATE: November 23, 2021 24 25 ' Plaintiffs shall disclose their wind expert on November 22, 2022. The extended deadline shall be 26 . . for disclosure of Plaintiffs’ expert regarding damages. 17 * Thirty days following the close of dispositive motion deadline of March 4, 2021 is Sunday, April 3, 2022, a non-judicial day. Monday, April 4, 2022 is the next judicial. If a dispositive motion is 28 filed, this deadline shall be suspended until 30 days after this court rules on the dispositive motion. Page 3 of 4

1 CERTIFICATE OF SERVICE 2 I hereby certify that on the 22nd day of November, 2021, our office served a copy of the 3 foregoing STIPULATION TO EXTEND DISCOVERY DEADLINES upon each of the 4 following parties by electronic service in accordance with Administrative Order 14-2. 5

Wade M. Hansard, Esq. 7 Nevada Bar No. 8104 8 Jonathan W. Carlson, Esq. Nevada Bar No. 10536 9 8337 West Sunset Road, Ste 350 Las Vegas, NV 89113 10 Attorneys for Defendants 11 12

14 /s/ Amy M. Scott An employee of Reid Rubinstein & Bogatz 15

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