Tefft v. State Farm Mutual Automobile Insurance Company

Marjorie L. Hauf, Esq.

1) Nevada Bar No. 8111 Matthew G. Pfau, Esq.

2| Nevada Bar No. 11439 Cara Xidis, Esq.

3) Nevada Bar No. 11743 H&P LAW 4) 710 South 9" Street Las Vegas, NV 89101 5} 702 598 4529 TEL 598 3626 FAX 6) [email protected] Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 KEK Allyessa Tefft, individually and as the | Case No.: 2:23-cv-00520-JAD-DJA = 11| natural parent of B.M.T., a minor, 12 Plaintiffs, 13 VS, Stipulated Discovery Plan and 14 Scheduling Order Submitted in State Farm Mutual Automobile Compliance with LR 26-1(b) 15| Insurance Company; Does _ 1 through 10, inclusive and Roe Special Scheduling Review Corporations 1 through 10, inclusive, Requested 18 Defendants.

19 Pursuant to Federal Rule of Civil Procedure 26(f) and Local Rule 26-1(b), 20] Plaintiff, Allyessa Tefft, and Defendant, State Farm Mutual Automobile 21| Insurance Company, by and through their undersigned counsel, hereby 22| submit this proposed Discovery Plan and Scheduling Order. Deadlines that fall 23| ona Saturday, Sunday, or legal holiday have been scheduled for the preceding 24) or next judicial day.

25 The Complaint in this matter was filed in the Eighth Judicial District Court, 26| Clark County, Nevada, designated as Case No.: A-23-863489-C on January 5, 27| 2023. Defendant was properly served on March 9, 2023. On April 7, 2023, 28| Defendant filed a Petition for Removal [ECF Doc 1]. On April 14, 2023, 1| Defendant filed its Answer to Complaint [ECF Doc. 7]. On April 25, 2023, 2| Defendant filed its Statement Regarding Removed Action [ECF Doc. 9]. On May 3} 8, 2023, Plaintiff filed her Motion for Remand [ECF No. 10]. On May 10, 2023, 4| the parties filed their Joint Status Report [ECF Doc 11].

5) 1. Meeting: Counsel for the parties met and conferred as required by Fed. 6) R. Civ. P. 26(f) on May 16, 2023, and discussed the following: 7| 2. Initial Disclosures: Pursuant to FRCP Rule 26(a)(1), the parties are 8| required to make their initial disclosures on or before May 30, 2023.

9) 3. Areas of Discovery: The Parties agree that each party may conduct 10| discovery as allowed under the Federal Rules of Civil Procedure. = 11| 4. Discovery Cut-off Dates: LR-26(1)(E)(1) provides that “unless otherwise < 12| ordered, discovery periods longer than one hundred eighty (180) days from 13| the date the first defendant answers or appears will require special scheduling review.”

15 a. Discovery Cut-Off Date: Given the complexity of the claims 16 asserted, the injuries claimed by the Plaintiff, the number of 17 documents likely to be produced, and the need for experts 18 who will need to perform a detailed review of said documents, 19 the parties respectfully request a 270-day discovery period, 20 from April 14, 2023, the day of Defendant filed its first 21 responsive filing. The stipulated discovery cut-off date is 22 therefore January 9, 2024.

23 b. Amending the Pleadings and Adding Parties: The last date 24 for filing motions to amend the pleading or to add parties shall 25 not be later than 90 days prior to the close of discovery. In this 26 action, the last date for filing motions to amend the pleadings 27 or add parties shall be October 11, 2023.

20f5 1 c. FRCP 26(A)(2) Disclosures (Experts): The last date for 2 disclosure of expert witnesses shall be 60 days before the 3 discovery cut-off date. In this action, the last date for 4 disclosure of experts shall be November 10, 2023. Rebuttal 5 experts shall be disclosed on or before December 11, 2023.

6 d. Dispositive Motions: The last date for filing dispositive 7 motions shall not be later than 30 days after the discovery cut- 8 off date. In this action, the last date for filing dispositive 9 motions will be February 8, 2024.

10 e, Pretrial Order: The joint pretrial order shall be filed no later = 11 than 30 days after the date set for filing dispositive motions. In < 12 this action, the joint pretrial order shall be filed on or before 13 March 11, 2024. In the event that dispositive motions are filed, 14 the joint pretrial order shall be filed no later than 30 days after 15 the order(s) on the dispositive motions are entered.

16 f. Court Conferences: If the Court has questions regarding the 17 dates proposed by the parties, the parties request a 18 conference with the Court before entry of the Scheduling 19 Order. If the Court does not have questions, the parties do not 20 request a conference with the Court.

21 g. Extensions or Modifications of the Discovery Plan and 22 Scheduling Order: LR 264 governs the modifications or 23 extensions of this Discovery Plan and Scheduling Order. Any 24 Stipulation or motion must be made no later than 21 days 25 before the discovery deadline sought to be extended.

26 h., FRCP 26(a)(3) Disclosures: The disclosures required by FRCP 27 26(a)(3) and any objections thereto shall be included in the 28 pretrial order.

30f5 | i. Alternative Dispute Resolution: The Parties hereby certify 2 that they met and conferred about the possibility of using 3 alternative dispute-resolution processes including mediation 4 and arbitration.

5 j. Alternative Forms of Case Disposition: The Parties hereby 6 certify that they considered consent to trial by a magistrate 7 judge under 28 U.S.C. 8 636(c) and Fed. R. Civ. P. 73, use of the 8 Short Trial Program (General Order 2013-01).

9 k, Format of Discovery: Pursuant to the electronic discovery 10 amendments to the Federal Rules of Civil Procedure effective = 11 December 1, 2006, the parties addressed the e-discovery < 12 issues pertaining to the format of discovery at the Rule 26(f) 13 conference. The parties do not anticipate discovery of native 14 files or metadata at this time, but each party reserves the right 15 to make a showing for the need of such electronic data as 16 discovery progresses. In addition and in order to save the costs 17 of printing and mailing documents, the parties agree to 18 exchange discovery documents, including but not limited to 19 FRCP 26 disclosures, discovery requests, responses, document 20 production, and expert disclosures, via electronic mail. If a 21 discovery document is too large to send via email, the parties 22 may send such documents via a file-sharing service (DropBox, 23 OneDrive etc.) or on a CD/DVD/thumbdrive via US Mail.

24 |. FRCP 26-1(b)(9) - Presentation of Electronic Evidence for 25 Jurors: Pursuant to Local Rule 26-1, the parties discussed 26 whether they intend to present evidence in electronic format 27 to jurors for the purposes of jury deliberation. As the electronic 28 presentation of evidence for jurors is likely at this time, the 40f5 1 parties will coordinate with the courtroom administrator for 2 instructions about how to prepare evidence in an electronic 3 format and other requirements for the Court's electronic jury 4 evidence display system and, if possible, provide discovery in 5 an electronic format compatible with the Court's electronic 6 jury evidence display system.

8 Dated this 22nd day of May, 2023. Dated this 22nd day of May, 2023.

9) LEWIS BRISBOIS BISGAARD & SMITH H&P LAW = /s/ Frank Toddre /s/ Marjorie Hauf < 42) Frank Toddre ll, Esq. Marjorie Hauf, Esq.

Nevada Bar No. 11474 Nevada Bar No. 8111 13] 6385 S. Rainbow Blvd., Ste 600 Cara Xidis, Esq.

14| Las Vegas, Nevada 89118 Nevada Bar No. 11743 Attorney for Defendant 710 S. 9" Street 15 Las Vegas, NV 89101 16 Attorneys for Plaintiff 18 ORDER IT |S SO ORDERED.

20 ) . >< | □□ 22 ——_j}_—~ UNITED STATES MAGSTRATE JUDGE May 23, 2023 DATED: 5of5