Plascencia v. Hartford Fire Insurance Company

1 |} DENNIS M. PRINCE Nevada Bar No. 5092 || KEVIN T. STRONG Nevada Bar No. 12107 || PRINCE LAW GROUP 10801 W. Charleston Boulevard || Suite 560 Las Vegas, NV 89135 || Tel: (702) 534-7600 Fax: (702) 534-7601 || Email: [email protected] Attorneys for Plaintiffs || Salvador Plascencia and Kyle Hail 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA || SALVADOR PLASCENCIA, individually; | Case No.: 2:22-ev-01420-GMN-VCF || and KYLE HAIL, 13 Plaintiff STIPULATION AND ORDER TO alntlits, EXTEND DISCOVERY DEADLINES 14 Vs. (Second Request) HARTFORD FIRE INSURANCE || COMPANY, a Connecticut Corporation; 17 DOES, I through X, inclusive; ROE BUSINESS ENTITIES, I through X, || inclusive, 19 Defendants.

21 IT IS HEREBY STIPULATED AND AGREED, by and between Plaintifi || SALVADOR PLASCENCIA and KYLE HAIL, through their counsel of record, Denni M. Prince and Kevin T. Strong of PRINCE LAW GROUP and Defendant HARTFOR! oA FIRE INSURANCE COMPANY, through its counsel of record, Darren T. Brenner an on Stephanie Garabedian of WRIGHT, FINLAY & ZAK, LLP, that the discovery deadline in this matter shall be extended ninety (90) days pursuant to LR 26-3. This is the partie second request for an extension of the discovery deadlines. The parties set forth th following information in support of their stipulation.

1 I.

2 DISCOVERY COMPLETED TO DATE 3 A. FRCP 26(a) Disclosures and Supplements | Date Served Plaintiffs’ Initial Disclosure of Documents and Witnesses Pursuant | Nov. 30, 2022 and Documents Pursuant to FED. R. CIv. P. RULE 26.1(a)(1) Documents and Witnesses Pursuant to FRCP 26(a)(1) ||| Hartford Fire Insurance Company’s First Supplemental | April 17, 2023 Disclosure of Witnesses and Documents Pursuant to FED. R. Civ. P. RULE 26.1(a)(1) Documents and Witnesses Pursuant to FRCP 26(a)(1) ||| Hartford Fire Insurance Company’s Second Supplemental | June 28, 2023 12 Disclosure of Witnesses and Documents Pursuant to FED. R. Civ. P. RULE 26.1(a)(1) Documents and Witnesses Pursuant to FRCP 26(a)(1) 15 B. Written Discovery Title | Date Served ||| Defendant Hartford Fire Insurance Company ||| Hartford Fire Insurance Company Insurance Company Plaintiff Salvador Plascencia 929 Production of Documents to Plaintiff Salvador Plascencia Hartford Fire Insurance Company’s First Set of Requests for | Mar. 13, 2023 ||| Plaintiff Kyle Hail Production of Documents to Plaintiff Kyle Hail Admissions to Plaintiff Kyle Hail ||| Salvador Plascencia’s First Set of Interrogatories ||| Hartford Fire Insurance Company’s Responses to Plaintiff | April 17, 2023 Kyle Hail’s First Set of Interrogatories Hartford Fire Insurance Company’s Responses to Plaintiffs | April 17, 2023 ||| Salvador Plascencia and Kyle Hail’s First Set of Requests for Production of Documents ||| Plaintiff Salvador Plascencia’s Answers to Defendant | May 10, 2023 Hartford Fire Insurance Company’s First Set of Interrogatories g ||| Plaintiff Salvador Plascencia’s Responses to Defendant | May 10, 2023 Hartford Fire Insurance Company’s First Set of Requests |I| for Production of Documents Plaintiff Salvador Plascencia’s Responses to Defendant | May 10, 2023 Hartford Fire Insurance Company’s First Set of Requests ||| for Admissions Plaintiff Kyle Hail’s Answers to Defendant Hartford Fire | May 10, 2023 |}! Insurance Company’s First Set of Interrogatories Plaintiff Kyle Hail’s Responses to Defendant Hartford Fire | May 10, 2023 Insurance Company’s First Set of Requests for Production ||| of Documents Plaintiff Kyle Hail’s Responses to Defendant Hartford Fire | May 10, 2023 |!) Insurance Company’s First Set of Requests for Admissions C. Depositions ||[Deponent ——S—C;C~CSCCTC*dC Date |||_ Plaintiff Salvador Plascencia June 30, 2023 17 II.

18 DISCOVERY TO BE COMPLETED 19 1. Plaintiffs will take the depositions of Defendant’s relevant claims handling personnel who were involved in the investigation, evaluation, and handling of their respective underinsured motorist claims.

99 2. Plaintiffs will take the deposition of the FRCP 30(b)(6) witness for Defendant.

3. Defendant will take the deposition of Plaintiff Kyle Hail on July 20, 20238.

4, The parties will retain and disclose initial expert witnesses and rebuttal expert witnesses.

26 5. The parties will depose their respective expert witnesses.

1 6. The parties will engage in additional written discovery and notice any || additional depositions.

3 The parties anticipate that they may need to conduct other forms of discovery □□ specifically delineated herein on an as-needed basis. Therefore, the list outlined abov is in no way intended to be a comprehensive list of the outstanding discovery the remains to be completed.

III. ‘ REASONS DISCOVERY WAS NOT COMPLETED WITHIN THE TIME LIMITS 8 AND NEEDS TO BE EXTENDED 9 The parties respectfully request an extension of the discovery deadlines in thi ||matter for numerous reasons. Plaintiffs’ undersigned counsel of record, Dennis □□ || Prince, conducted two separate trials during the entire month of May. Specifically, fror May 1, 2023 through May 16, 2023, Mr. Prince tried the matter of Parfitt v. Vohra, Cas No. A-20-808010-C in the Eighth Judicial District Court, Clark County, Nevada. Fro: May 22, 2023 through June 1, 2023, Mr. Prince tried the matter of Santos v. Funk, Cas No. A-20-819657-C in the Eighth Judicial District Court, Clark County, Nevad: Plaintiffs other undersigned counsel of record, Kevin T. Strong, was out of the office an working from home during the months of April and May due to the birth of his sor M which occurred on March 22, 2023. Additionally, Mr. Strong has attended variou medical appointments for his son throughout the month of June. As a result, Plaintifi || need additional time to take the depositions of Defendant’s claims personnel to ensur |lthat their retained insurance bad faith expert possesses the requisite informatio 21 needed to author a comprehensive report containing his opinions.

22 Separately, counsel for Plaintiffs and Defendant have attempted to resolve || dispute regarding Defendant’s production of relevant portions of its claims manua ||training materials, and other applicable policies and procedures. Defendant ha experienced certain unforeseen delays in the production of these documents due to th og || manner in which those documents are retained. Defendant’s undersigned counsel ha also spent time away from the office due to personal issues, which has also delayed th production of these documents. Defendant expects to produce the documents on or befor || July 13, 2023. The parties’ requested extension of the discovery deadlines will allo || Plaintiffs to review the documents produced and to file any motion practice regardin ||the scope and substance of Defendant’s production in advance of the depositions « Defendants’ claims handling personnel.

5 “[Djistrict courts . . . retain broad discretion to control their dockets. . .

6 Shahrokhi v. Harter, No. 2:21-cv-01126-RFB-NJK, 2021 U.S. Dist. LEXIS 247936, at * (D. Nev. Dec. 30, 2021). To prevail on a request to extend discovery deadlines, the partie must establish good cause. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608-0 (9th Cir. 1992). For the reasons set forth above, the parties respectfully submit that goo cause supports their requested stipulation for a ninety (90) day extension of th discovery deadlines. The parties’ requested extension of the discovery deadlines is nc || made in bad faith or to cause any unnecessary delays in the resolution of this matter.

12 IV.

13 PROPOSED SCHEDULE FOR COMPLETING DISCOVERY 14 Current Date Proposed Date |}Amend Pleadings and Add Parties: July 3, 2028 Closed 1¢ || Initial Expert Disclosures: August 3, 2023 November 3, 2023 Rebuttal Expert Disclosures: September 5, 2023 December 4, 20231 Close of Discovery: October 2, 2023 January 2, 2024?

19 Dispositive Motions November 1, 2023 February 1, 2024 Joint Pretrial Order December 1, 2023 March 4, 20243 20 If dispositive motions a uc filed, the deadline 21 ot. □□ Lae for filing the joint □□□□ 22 order will be suspendec ve until 30 days after .. decision on the disposit 24 motions or further cout order.

25 The actual deadline falls on Sunday, December 3, 2023.

26 |/2 The actual deadline falls on Sunday, December 31, 2023. Additionally, Monda: January 1, 2024 is a holiday.

28 3 The actual deadline falls on Saturday. March 2, 2024.

1 Based on the foregoing, the parties respectfully request this Court grant the’ || Stipulation and Order to Extend Discovery Deadlines (Second Request).

3 || DATED this 7th day of July, 2023. DATED this 7th day of July, 2023.

4 || PRINCE LAW GROUP WRIGHT, FINLAY & ZAK, LLP /s/ Kevin T. Strong /s/ Darren T. Brenner 7 DENNIS M. PRINCE DARREN T. BRENNER Nevada Bar No. 5092 Nevada Bar No. 8386 || KEVIN T. STRONG STEPHANIE GARABEDIAN Nevada Bar No. 12107 Nevada Bar No. 9612 {110801 W. Charleston Boulevard 7785 W. Sahara Avenue Suite 560 Suite 200 || Las Vegas, Nevada 89135 Las Vegas, Nevada 89117 Tel: (702) 534-7600 Tel: (949) 477-5050 || Fax: (702) 534-7601 Fax: (702) 946-1345 Attorneys for Plaintiffs Attorneys for Defendant || Salvador Plascencia and Hartford Fire Insurance Company Kyle Hail 14 ORDER 15 IT IS SO ORDERED.

7-19-2023 DATED: UNITED STATES MAGISTRATE JUDGE