Bamforth v. State Farm Mutual Automobile Insurance Company

KARIE N. WILSON, ESQ.

Nevada Bar No. 7957 ALVERSON TAYLOR & SANDERS 6605 Grand Montecito Pkwy, Ste. 200 Las Vegas, NV 89149 702-384-7000 Phone [email protected] [email protected] SHEPPARD, MULLIN, RICHTER & HAMPTON LLP ANNA S. McLEAN, Cal. Bar No. 142233 (Pro Hac Vice pending) Four Embarcadero Center, 17th Floor San Francisco, California 94111-4109 Telephone: 415.434.9100 Facsimile: 415.434.3947 Email: [email protected] SHEPPARD, MULLIN, RICHTER & HAMPTON LLP FRANK FALZETTA, Cal. Bar No. 125146 (Admitted Pro Hac Vice) JENNIFER M. HOFFMAN, Cal. Bar No. 240600 (Admitted Pro Hac Vice) 1901 Avenue of the Stars, Suite 1600 Los Angeles, California 90067-6055

Telephone: 310.228.3700 Facsimile: 310.228.3701

E mail [email protected] [email protected]

Attorneys for Defendant

State Farm Mutual Automobile Insurance Company

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

JOHN BAMFORTH, ALISE BAMFORTH, CASE NO.: 2:21-cv-00712-JAD-NJK JESSICA ENAMORADO, CYNTHIA LIERA, individually and on behalf of all those similarly REVISED STIPULATION AND situated, PROPOSED ORDER REGARDING

Plaintiffs, STAY OF DISCOVERY v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, DOES 1 through 10,

Defendant. __________________________________________

Plaintiffs JOHN BAMFORTH, ALISE BAMFORTH, JESSICA ENAMORADO and CYNTHIA LIERA, by and through their counsel of record Danielle C. Miller, Esq. of the law firm Eglet Adams, and Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (“State Farm”), by and through its counsel of record Karie N. Wilson of the law firm Alverson Taylor & Sanders and Anna S. McLean of the law firm Sheppard, Mullin, Richter & Hampton LLP, agree as follows:

1. Plaintiffs filed their Complaint in the Eighth Judicial District Court for Clark County, Nevada, Case No. A-21-829883-C. Defendant State Farm removed this action to this Court on April 30, 2021.

2. State Farm filed its Motion to Dismiss on May 7, 2021. Pursuant to a Stipulation and Order approved by the Court on May 11, 2021, Plaintiffs’ Opposition to the Motion to Dismiss is due on June 7, 2021 and State Farm’s Reply is due on June 24, 2021.

3. In this District, requests to stay discovery may be granted when: (1) the pending motion is potentially dispositive; (2) the potentially dispositive motion can be decided without additional discovery; and (3) the Court has taken a “preliminary peek” at the merits of the potentially dispositive motion. Tradebay, LLC v. eBay, Inc., 278 F.R.D. 17 597, 602 (D. Nev. 2011). In doing so, the court must consider whether the pending motion is potentially dispositive of the entire case, and whether that motion can be decided without additional discovery. See Federal Housing Finance Agency v. GR Investments LLC, Case No. 2:17-cv-03005-JAD-EJY, 2020 WL 2798011 at *3 (D. Nev. May 29, 2020) (granting motion to stay discovery pending resolution of potentially dispositive motion for summary judgment); see also Mintun v. Experian Information Solutions, Inc., 2:19-cv-00033-JAD-NJK, 2019 WL 2130134 at **1-2 (D. Nev. May 15, 2019) (granting motion to stay discovery pending resolution of potentially dispositive motion to dismiss).

4. The Parties agree that State Farm’s motion to dismiss raises potentially dispositive legal and jurisdictional defenses to Plaintiffs’ claims concerning State Farm’s auto insurance rates during the COVID pandemic. The Parties agree that no discovery is required to resolve the pending Motion to Dismiss. The Parties further agree that discovery in this case will be complicated and expensive. A ruling upon the Motion to Dismiss could lead to dismissal or it could lead to a more specific framing of the discovery. The parties agree that a stay of discovery is consistent with FRCP 1 as the Parties may expend resources that are unnecessary. In addition, State Farm has specifically alleged that the Nevada Division of Insurance has exclusive jurisdiction over the issues alleged in Plaintiffs’ Complaint. Plaintiffs have not requested discovery on the question of whether this case is subject to the Nevada Division of Insurance’s exclusive jurisdiction or this is subject to this Court’s original jurisdiction.

5. This action is one of nine actions involving a dispute related to premium refunds from automobile insurers due to the effects of COVID-19. Pursuant to Local Rule 42-1(a), eight of those cases have been transferred to District Judge Boulware and Magistrate Judge Brenda Weksler. See Exhibit 1 – Transfer Order. One of those cases was before this court. See Cannuscio v. GEICO Advantage Insurance Company, 2-21-cv-00613- JAD-BNW. On June 7, 2021, Plaintiffs filed a Request to Amend Transfer Order to incorporate this case. ECF No. 31. Plaintiffs’ request has not been ruled upon by the court.

6. Pending resolution of State Farm’s Motion to Dismiss, the Parties agree and stipulate to a stay of discovery including, but not limited to, any discovery obligations set forth in Fed. R. Civ. P. 26 and LR 26-1.

1 7. If the Court denies State Farm’s Motion to Dismiss, in whole or in part, the Parties 2 agree to submit a Discovery Plan and Scheduling Order within thirty (30) days after 3 entry of the Court’s Order on the motion.

4 8. The parties respectfully suggest that good cause exists to enter the stipulated stay of 5 discovery to preserve judicial and party resources and based on application of the 6 factors set forth in paragraph 3, above.

7 9. The Parties represent that this stipulation is sought in good faith, is not interposed for 8 delay, and is not filed for an improper purpose.

9|) Dated this 25th day of June 2021. Dated this 25th day of June 2021.

ALVERSON TAYLOR & SANDERS EGLET ADAMS Wy). ge: “ ettee PEO Ep Se /s/ Matthew L. Sharp

Karie N. Wilson, Esq. Matthew L. Sharp, Esq. Nevada Bar No. 7957 Nevada Bar No. 4746

6605 Grand Montecito Pkwy Danielle C. Miller, Esq. “3 Suite 200 Nevada Bar No. 9127

Las Vegas, NV 89149 400 S. 7" Street Telephone: (702) 384-7000 Suite 400

15|| Facsimile: (702) 385-7000 Las Vegas, NV 89101 kwilson @ alversontaylor.com Telephone: (702) 450-5400 g 16 Facsimile: (702) 450-5451 [email protected] 18 Order

IT IS ORDERED that the parties' stipulation is GRANTED. Discovery is STAYED pendir the district judge's decision on State Farm's motion to dismiss. The parties' proposed

20)| DPSO is due 30 days after the district judge's decision.

IT IS SO ORDERED DATED: 2:51 pm, July 09, 2021 23 Gra Les WO Fat, 2A BRENDA WEKSLER

UNITED STATES MAGISTRATE JUDG 4 KNW 27102