LOBELLO LAW OFFICESLLC Charles C. LoBello, NBN 5052 1785 East Sahara Ave.,Ste. 157 Las Vegas, Nevada 89104 Telephone:(702) 733-2800 Facsimile: (702) 425-9883 clobello@lobellolawlv.com GALLIANWELKER& ASSOCIATES,L.C. Michael I.Welker, NBN 7950 Nathan E. Lawrence, NBN 15060 730 Las Vegas Blvd. S., Ste. 104 Las Vegas, Nevada 89101 Telephone:(702) 892-3500 Facsimile: (702) 386-1946 welker@utahcase.com nlawrence@vegascase.com Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA SHARON STOLTZFUS, an individual; Case No.: 2:23-cv-01100-CDS-BNW Plaintiff, v. STIPULATION AND ORDER TO EXTEND THE DISCOVERY COMPANY, an Indianainsurance company; SERVICES, LLC, an Indiana limitedliability (First Request) company;and ROE BUSINESS ENTITIES I to X, inclusive; collectively, Defendants. Pursuant to Fed. R. Civ. P. (“FRCP”) 6(b)(1) and Local Rules IA 6-1, IA 6-2, and 26-3, Plaintiff SHARON STOLTZFUS (“Plaintiff” or “Mrs. Stoltzfus”), by and through her attorneys of the law firms of LOBELLO LAW OFFICES LLC and GALLIAN WELKER & ASSOCIATES, L.C., and Defendants BROTHERHOOD MUTUAL INSURANCE COMPANY and BROTHERHOOD MUTUAL INSURANCE SERVICES, LLC (collectively, “Defendants”), by and through their counsel, CHRISTIAN, KRAVITZ, DICHTER, JOHNSON & SLUGA, LLC, hereby submitthisStipulation and Order toExtend theDiscovery Deadlines. This is the first stipulation to extend the discovery deadline, and this stipulation is presented to the Court in advance of the currently calendared close of discovery on October 14, 2024. Fortheforegoingreasonsandasismorefullyexplainedbelow,thePartiesstipulatetoand respectfullyrequest thatthis Courtextend the discovery and associated deadlines in this matter. 1. On June 16, 2023, Plaintiff initiated this action by filing her Complaint under the EighthJudicialDistrict,ClarkCounty,StateofNevadaCaseNo.CaseNo.A-23-872524-C. 2. OnJuly14,2023,DefendantfiledaNoticeofRemoval[ECFNo.1]ofCaseNo.A- 23-872524-CfromtheEighthJudicialDistrict,ClarkCounty,State CourtofNevada,totheUnited StatesDistrictCourt,fortheDistrictofNevada,pursuantto28U.S.C.§§1332(d)and1441. 3. On August 3, 2023, Plaintiff filed a Stipulated Discovery Plan and Scheduling Order [ECF No. 6], as later amended on August 11, 2023 [ECF No. 8] to which was granted on August 14, 2023 [ECF. No. 9], and the partiesthereafter exchanged initial disclosures. 4. On February 5, 2024, Defendant filed a Stipulation and Order to Dismiss Defendantwithout Prejudice (Brotherhood Mutual Insurance Services,LLC [ECF. No. 14]. 5. On April 25, 2024, Defendant submitted a Stipulated Protective Order [ECF No. 17]pursuanttoFederalRuleofCivilProcedure26(c),followingwhichtheCourtgrantedonApril 26, 2024 [ECF No. 18]. Fed. R. Civ. P. Rule 6(b)(1) governs extensions of time and allows, in relevant part, that “[w]henanactmayormustbedonewithinaspecifiedtime,thecourtmay,forgoodcause,extend thetime:(A)withorwithoutmotionornoticeifthecourtacts,orifarequestismade,beforethe original time or its extension expires.” If additional time for any purpose is needed, the proper procedure is to present a request for extension of time before the time fixed has expired. Canup v. Mississippi Val. Barge Line Co., 31 F.R.D. 282 (W.D. Pa. 1962). An extension of time may always be sought and is usually granted on a showing of good cause if timely made under subdivision (b)(1) of [FRCP 6]. Creedon v. Taubman, 8 F.R.D. 268 (N.D. Ohio 1947). Also, a district court possesses the inherent power to control its own docket. Hamilton Copper & Steel Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Olivia v. Sullivan, 958 F.2d 272, 273 (9th Cir. 1992). LRIA6-1additionallyrequiresthatamotiontoextendtimemuststatethereasonsforthe extensionrequestedandwillnotbegrantedifrequestedaftertheexpirationofthespecifiedperiod unless the movant demonstrates that the failure to file the motion before the deadline expired resulted because of excusable neglect. LR 26-3 requires that a motion to extend any date set by the discovery plan, scheduling order, or other order must, as well as satisfying the requirements of LR IA 6-1, demonstrate good cause for the extension, and such a motion filed after the expiration of the deadline will not be granted unless the movant demonstrates that the failure to act resultedfrom excusable neglect. Finally, LR 26-3 lists four factors that are considered upon adjudication of a motion to extend a discovery deadline: (a) a statement specifying the discovery completed; (b) a specific description of the discovery that remains to be completed; (c) the reasons why the deadline was not satisfied or the remaining discovery was not completed within the time limits set by the discovery plan; and (d) aproposed schedule for completing all remainingdiscovery. A. TheFourFactorsContainedWithinLR26-3AreSatisfied,andtheParties Show Good Cause for Modifying the Scheduling Order. 1. DiscoveryCompletedto Date: Pursuant to FRCP 26(a)(1), Plaintiff and Defendant exchanged their respective initial disclosures of persons likely to have discoverable information; documents, electronically stored information, and tangible things; computation of damages, and applicable insurance coverage. Plaintiff and Defendant have each supplemented their FRCP 26 disclosures as required over the course ofthe intervening months. 2. DiscoveryRemaining: Thedepositionoftheprimaryclaimsadjusteroftheclaimatissueistentativelyscheduled for September 25, 2024. The deposition of the adjuster’s supervisor may be needed in early October, depending on the testimony of the adjuster. Expert disclosures and depositions will follow thereafter. 3. Reasons Why Deadline Will Not Be Satisfied or Remaining Discovery Cannot Be CompletedWithin Current TimeLimits: The partiesare workingcooperatively to complete discoveryand schedule depositions of witnesses. The time to effectively and fully complete this process will exceed the currently allowed time inasmuch as multiple attempts to schedule and take the deposition of the primary adjustersinceJunehavebeenunsuccessfulduetoschedulingconflicts. Thedepositionisneeded forevaluationbytheexpertsbeforefinalarticulationoftheiropinions. Hencethepartiespropose a60-dayextensionofthecurrentdiscoverydeadlineandofthecurrentexpertdisclosuredeadline so thatall pertinent information is available for the experts before their disclosuresaredue. Both Plaintiff and Defendant continue to diligently prosecute and defend this action, respectively, and believe it is in the interests of justice that this stipulation is granted. Neither partywillbeprejudicedbythisextensionofthevariousdeadlines. Indeed,theproposedamended schedule does not change the parties’ trialreadiness date. 4. roposed Schedule forCompletingRemainingDiscovery: Event Current Deadlines Proposed New Deadlines DeadlinetoDisclose Experts August 15, 2024 October 14,2024 DeadlineforRebuttal Experts September 14, 2024 November 15, 2024 Discovery Cutoff October 14,2024 December 13, 2024 Expert Discovery Cutoff January 14,2025 February 28, 2025 DispositiveMotion Deadline February 13,2025 March 14, 2025 Joint Pretrial Order Deadline March 11, 2025 April 11, 2025 * 1 * In the event a dispositive motion is under review on April 11, 2025, the Joint Pre-Trial Order 2 shall be due no later than 30 days after entry of the Court’s order ruling on same. 3 All other discovery dates not referenced herein, as well as the trial readiness date in May 4 2025, remain unchanged. 5 7 DATED this 12" day of August 2024. DATED this 12" day of August 2024. 8 GALLIAN WELKER & CIATES, L.C, CHRISTIAN, K
Free access — add to your briefcase to read the full text and ask questions with AI
LOBELLO LAW OFFICESLLC Charles C. LoBello, NBN 5052 1785 East Sahara Ave.,Ste. 157 Las Vegas, Nevada 89104 Telephone:(702) 733-2800 Facsimile: (702) 425-9883 clobello@lobellolawlv.com GALLIANWELKER& ASSOCIATES,L.C. Michael I.Welker, NBN 7950 Nathan E. Lawrence, NBN 15060 730 Las Vegas Blvd. S., Ste. 104 Las Vegas, Nevada 89101 Telephone:(702) 892-3500 Facsimile: (702) 386-1946 welker@utahcase.com nlawrence@vegascase.com Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA SHARON STOLTZFUS, an individual; Case No.: 2:23-cv-01100-CDS-BNW Plaintiff, v. STIPULATION AND ORDER TO EXTEND THE DISCOVERY COMPANY, an Indianainsurance company; SERVICES, LLC, an Indiana limitedliability (First Request) company;and ROE BUSINESS ENTITIES I to X, inclusive; collectively, Defendants. Pursuant to Fed. R. Civ. P. (“FRCP”) 6(b)(1) and Local Rules IA 6-1, IA 6-2, and 26-3, Plaintiff SHARON STOLTZFUS (“Plaintiff” or “Mrs. Stoltzfus”), by and through her attorneys of the law firms of LOBELLO LAW OFFICES LLC and GALLIAN WELKER & ASSOCIATES, L.C., and Defendants BROTHERHOOD MUTUAL INSURANCE COMPANY and BROTHERHOOD MUTUAL INSURANCE SERVICES, LLC (collectively, “Defendants”), by and through their counsel, CHRISTIAN, KRAVITZ, DICHTER, JOHNSON & SLUGA, LLC, hereby submitthisStipulation and Order toExtend theDiscovery Deadlines. This is the first stipulation to extend the discovery deadline, and this stipulation is presented to the Court in advance of the currently calendared close of discovery on October 14, 2024. Fortheforegoingreasonsandasismorefullyexplainedbelow,thePartiesstipulatetoand respectfullyrequest thatthis Courtextend the discovery and associated deadlines in this matter. 1. On June 16, 2023, Plaintiff initiated this action by filing her Complaint under the EighthJudicialDistrict,ClarkCounty,StateofNevadaCaseNo.CaseNo.A-23-872524-C. 2. OnJuly14,2023,DefendantfiledaNoticeofRemoval[ECFNo.1]ofCaseNo.A- 23-872524-CfromtheEighthJudicialDistrict,ClarkCounty,State CourtofNevada,totheUnited StatesDistrictCourt,fortheDistrictofNevada,pursuantto28U.S.C.§§1332(d)and1441. 3. On August 3, 2023, Plaintiff filed a Stipulated Discovery Plan and Scheduling Order [ECF No. 6], as later amended on August 11, 2023 [ECF No. 8] to which was granted on August 14, 2023 [ECF. No. 9], and the partiesthereafter exchanged initial disclosures. 4. On February 5, 2024, Defendant filed a Stipulation and Order to Dismiss Defendantwithout Prejudice (Brotherhood Mutual Insurance Services,LLC [ECF. No. 14]. 5. On April 25, 2024, Defendant submitted a Stipulated Protective Order [ECF No. 17]pursuanttoFederalRuleofCivilProcedure26(c),followingwhichtheCourtgrantedonApril 26, 2024 [ECF No. 18]. Fed. R. Civ. P. Rule 6(b)(1) governs extensions of time and allows, in relevant part, that “[w]henanactmayormustbedonewithinaspecifiedtime,thecourtmay,forgoodcause,extend thetime:(A)withorwithoutmotionornoticeifthecourtacts,orifarequestismade,beforethe original time or its extension expires.” If additional time for any purpose is needed, the proper procedure is to present a request for extension of time before the time fixed has expired. Canup v. Mississippi Val. Barge Line Co., 31 F.R.D. 282 (W.D. Pa. 1962). An extension of time may always be sought and is usually granted on a showing of good cause if timely made under subdivision (b)(1) of [FRCP 6]. Creedon v. Taubman, 8 F.R.D. 268 (N.D. Ohio 1947). Also, a district court possesses the inherent power to control its own docket. Hamilton Copper & Steel Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Olivia v. Sullivan, 958 F.2d 272, 273 (9th Cir. 1992). LRIA6-1additionallyrequiresthatamotiontoextendtimemuststatethereasonsforthe extensionrequestedandwillnotbegrantedifrequestedaftertheexpirationofthespecifiedperiod unless the movant demonstrates that the failure to file the motion before the deadline expired resulted because of excusable neglect. LR 26-3 requires that a motion to extend any date set by the discovery plan, scheduling order, or other order must, as well as satisfying the requirements of LR IA 6-1, demonstrate good cause for the extension, and such a motion filed after the expiration of the deadline will not be granted unless the movant demonstrates that the failure to act resultedfrom excusable neglect. Finally, LR 26-3 lists four factors that are considered upon adjudication of a motion to extend a discovery deadline: (a) a statement specifying the discovery completed; (b) a specific description of the discovery that remains to be completed; (c) the reasons why the deadline was not satisfied or the remaining discovery was not completed within the time limits set by the discovery plan; and (d) aproposed schedule for completing all remainingdiscovery. A. TheFourFactorsContainedWithinLR26-3AreSatisfied,andtheParties Show Good Cause for Modifying the Scheduling Order. 1. DiscoveryCompletedto Date: Pursuant to FRCP 26(a)(1), Plaintiff and Defendant exchanged their respective initial disclosures of persons likely to have discoverable information; documents, electronically stored information, and tangible things; computation of damages, and applicable insurance coverage. Plaintiff and Defendant have each supplemented their FRCP 26 disclosures as required over the course ofthe intervening months. 2. DiscoveryRemaining: Thedepositionoftheprimaryclaimsadjusteroftheclaimatissueistentativelyscheduled for September 25, 2024. The deposition of the adjuster’s supervisor may be needed in early October, depending on the testimony of the adjuster. Expert disclosures and depositions will follow thereafter. 3. Reasons Why Deadline Will Not Be Satisfied or Remaining Discovery Cannot Be CompletedWithin Current TimeLimits: The partiesare workingcooperatively to complete discoveryand schedule depositions of witnesses. The time to effectively and fully complete this process will exceed the currently allowed time inasmuch as multiple attempts to schedule and take the deposition of the primary adjustersinceJunehavebeenunsuccessfulduetoschedulingconflicts. Thedepositionisneeded forevaluationbytheexpertsbeforefinalarticulationoftheiropinions. Hencethepartiespropose a60-dayextensionofthecurrentdiscoverydeadlineandofthecurrentexpertdisclosuredeadline so thatall pertinent information is available for the experts before their disclosuresaredue. Both Plaintiff and Defendant continue to diligently prosecute and defend this action, respectively, and believe it is in the interests of justice that this stipulation is granted. Neither partywillbeprejudicedbythisextensionofthevariousdeadlines. Indeed,theproposedamended schedule does not change the parties’ trialreadiness date. 4. roposed Schedule forCompletingRemainingDiscovery: Event Current Deadlines Proposed New Deadlines DeadlinetoDisclose Experts August 15, 2024 October 14,2024 DeadlineforRebuttal Experts September 14, 2024 November 15, 2024 Discovery Cutoff October 14,2024 December 13, 2024 Expert Discovery Cutoff January 14,2025 February 28, 2025 DispositiveMotion Deadline February 13,2025 March 14, 2025 Joint Pretrial Order Deadline March 11, 2025 April 11, 2025 * 1 * In the event a dispositive motion is under review on April 11, 2025, the Joint Pre-Trial Order 2 shall be due no later than 30 days after entry of the Court’s order ruling on same. 3 All other discovery dates not referenced herein, as well as the trial readiness date in May 4 2025, remain unchanged. 5 7 DATED this 12" day of August 2024. DATED this 12" day of August 2024. 8 GALLIAN WELKER & CIATES, L.C, CHRISTIAN, KRAVITZ, DICHTER, 9 JOHNSON & SLUGA, LLC /s/ Scott B. Van Alfen GALLIAN WELKER & ASSOCIATES, L.C. Tyler J. Watson, NBN 11735 Michael I. Welker, NBN 7950 Scott B. Van Alfen, NBN 5532 = S 13 || Nathan E. Lawrence, NBN 15060 8985 So. Eastern Avenue, Suite 200 = 730 Las Vegas Blvd. S., Ste. 104 Las Vegas, Nevada 89123 a 4 ll Las Vegas, Nevada 89101 Telephone: (702) 362-6666 2% 15 || Telephone: (702) 892-3500 Facsimile: (702) 362-2203 Facsimile: (702) 386-1946 Attorneys for Defendant 82 16 || welker@utahcase.com BROTHERHOOD MUTUAL "7 nlawrence@vegascase.com INSURANCE COMPANY and Attorneys for Plaintiff BROTHERHOOD MUTUAL LOBELLO LAW OFFICES LLC INSURANCE SERVICES, LLC Charles C. LoBello, NBN 5052 1785 East Sahara Ave., Ste. 157 Las Vegas, Nevada 89104 Telephone: (702) 733-2800 Facsimile: (702) 425-9883 clobello@lobellolawlv.com Attorneys for Plaintiff IT IS SO ORDERED. DATED: August 13, 2024 até STATES MAGISTRATE JUDGE
Page 5 of 5