Liu v. State Farm Mutual Automobile Insurance Company

1 || CHRISTINE M. BOOZE Nevada Bar No. 7168 || ANDREW D. SMITH Nevada Bar No. 8890 || WINNER & BOOZE 1117 South Rancho Drive || Las Vegas, Nevada 89102 Phone (702) 243-7000 || [email protected] [email protected] || Attorneys for Defendant State Farm Mutual 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA JOANNE LIU and WESLEY CHONG, CASE NO.: 2:22-cv-00099- CDS-VCF Plaintiffs, vs. STATE FARM MUTUAL AUTOMOBILE | 13 || INSURANCE COMPANY, and DOES I pate | through X, inclusive, wt 14 Defendants.

STIULATION AND ORDER TO EXTEND DISCOVERY 18 (First Request) 19 Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, by || and through its attorneys, Christine M. Booze and Andrew D. Smith of the law firm WINNER & || BOOZE, and Plaintiffs JOANNE LIU and WESLEY CHONG, by and through their attorney, || Robert E. Marshall, of the MARSHALL LAW OFFICE, hereby submit the following Stipulation || and (Proposed) Order to Extend Discovery pursuant to LR 26-4 LR IA 6-1.

24 This is the first stipulation for an extension of discovery deadlines.

25 A. Discovery Completed 26 Plaintiffs have served their initial disclosure of witnesses and documents, and two || supplement thereto.

28 Defendant has served its initial disclosure of witnesses and documents and one Page 1 of 3 || supplement thereto.

2 Defendant has served one set of Interrogatories and one set of Requests for the || Production of Documents to Plaintiff, which have been answered.

4 Plaintiff has served one set of Interrogatories, one set of Requests for the Production of || Documents to Defendant, which have been answered.

6 B. Discovery that Remains to Be Completed 7 Deposition of plaintiff Joanne Liu.

8 FRCP 35 examination of plaintiffs Joanne Liu and Wesley Chong.

9 Experts will need to review new records and supplement their reports.

10 Defendant anticipates deposing medical doctors, and plaintiffs’ experts.

FU Plaintiff reserves the right to depose the Defendant’s medical experts.

12 C. The Reasons Why Discovery Was Not Completed In the Time Limits Set by the 13 Discovery Plan 14 Coordinating a date for the Plaintiffs’ depositions and Rule 35 examinations has taken 15 longer than expected. Both Plaintiffs maintain residences outside of Nevada. Defendant Z} ~ 16 retained David Fish, MD, to conduct a Rule 35 exam prior to litigation. Dr. Fish practices S| 17 medicine in Southern California but travels regularly to Las Vegas for matters such as ~ 18 this.

19 Counsel for both parties are attempting to schedule dates, in which both Plaintiffs’ 20 depositions and Rule 35 exams can be conducted, to minimize their travel to and from 21 Las Vegas.

22 A 90-day extension of discovery is respectfully requested to permit the depositions and 23 Rule 35 exams to be taken, and to permit experts to complete reports based on those 24 exams prior to the initial expert disclosure deadline.

25 D. Proposed Schedule for Completing Discovery 26 The parties propose to complete discovery on the following deadlines: 27 e Discovery Cut-Off: February 7, 2023 Page 2 of 3 1 e Deadline to Disclose Initial Experts: December 8, 2022 2 e Deadline to Disclose Rebuttal Experts: January 8, 2023 dispositive motions are filed, the 3 e Deadline to File Dispositive Motions: March 9, 2023 willbe suspended □□ □□□□ at decision on the dispositive motion 4 e Deadline to File Joint Pre-Trial Order April 10, 2023 further court order. & || DATED this 30th day of August, 2022. DATED this 27 ¢ day of August, 2022.

2020.

8 WINNER & BOOZE MARSHALL LAW OFFICE || By:/ Woe — wo LE La Il | Andrew D. Smith Robert E. Marshall 49 Nevada Bar No. 8890 Nevada Bar No. 4327 1117 S. Rancho Drive 625 South 8" Street || Las Vegas, NV 89102 Las Vegas, NV 89101 Tel: (702) 243-7000 Tel: (702) 474-000 || For the Defendant For the Plaintiffs A| 16 | ORDER IT IS SO ORDERED.

30th August 20 DATED this day of , 2022.

74 U.S. JUDGE MAGISTRATE Page 3 of 3