City Boxing Club v. USA Boxing, Inc.

1 || Daniel R. Price (NV Bar No. 13564) Christopher Beckstrom (NV Bar No. 14031) || Janice J. Parker (NV Bar No. 14102) Jasmin N. Stewart (NV Bar No. 16008) || PRICE & BECKSTROM 1404 S. Jones Blvd. || Las Vegas, Nevada 89146 Phone: (702) 941-0503 || Fax: (702) 832-4026 [email protected] || Attorneys for Plaintiffs 7 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA CITY BOXING CLUB, et al., Case No.: 2:23-cv-00708-JAD-DJA = 9 s Plaintiffs, » 10 < v. o USA BOXING, INC. dba USA BOXING, et | Proposed Joint Stipulation and © al., Order to Extend Discovery Plan 5 and Related Dates + 13 Defendants. < (Second Request) 15 Plaintiffs, City Boxing Club, City Athletic Boxing LLC, and Armin Van || (“Plaintiffs”), and Defendants, USA Boxing, Inc. dba USA Boxing, Scottsdale Insurance || Company, Nationwide Mutual Insurance Company, K&K Insurance Group, Inc., and || Michael McAtee (“Defendants”) (collectively the “Parties”) hereby stipulate to and 19 respectfully submit their request that the Court enter this proposed Joint Stipulation and Order to Extend Discovery Deadlines and Related Dates (Second Request) in the above- captioned litigation. The Parties make this Stipulation pursuant to Local Rule IA 6-1 and Local Rule LR 26-3.

1 This is the Parties’ second request for an extension. The Parties respectfully request || that these deadlines be extended by sixty (60) days. The current and proposed deadlines || are as follows:

days after days after resolution 10 resolution of of dispositive motions) = dispositive motions) 11 I. Standard of Review 12 Parties seeking to extend discovery deadlines must provide the reasons for the - 13 || extension and must inform the Court of all previously granted extensions. LR IA 6-1. A . 14 || discovery extension also requires a showing of good cause. LR 26-3. “The ‘good cause’ ||inquiry focuses mostly on the movant’s diligence.” Victor v. Walmart, Inc., 2021 U.S. Dist. || LEXIS 163908 (slip copy Apr 8, 2021), at *41 (citing Johnson v. Mammoth Recreations, || Inc., 975 F.2d 604, 609) (9th Cir. 1992).

18 II. Description of Discovery That Has been Completed 19 The Parties have completed the following discovery: 20 1. On July 10, 2023, Defendants USA Boxing, Inc. and Michael McAtee served their initial disclosures, though without attaching the documents identified in the disclosure.

1 2. On July 31, 2023, Defendants Scottsdale Insurance Company, Nationwide || Mutual Insurance Company, K&K Insurance Group, Inc. served their initial disclosures, || though without attaching the documents identified in the disclosure.

4 3. On August 2, 2023, Plaintiffs served their initial disclosures.

5 4, On August 18, 2023, Defendants Scottsdale Insurance Company, Nationwide G Mutual Insurance Company, K&K Insurance Group, Inc. provided copies of the documents identified in their initial disclosures.

3 5. August 30, 2023, Defendants USA Boxing, Inc. and Michael McAtee served z 9 their first supplemental disclosures, with documents attached.

5 10 6. On July 31, 2023, Defendant Scottsdale Insurance Company served < interrogatories and requests for admissions upon Plaintiffs.

7. On August 9, 2023, Plaintiff City Boxing Club served requests for admissions and requests for production of documents upon Defendants USA Boxing, Inc., Scottsdale Insurance Company, Nationwide Mutual Insurance Company, and K&K Insurance Group.

8. On August 18, 2023, Defendant Scottsdale Insurance Company served requests for production of documents and a second set of interrogatories to Plaintiffs.

16 9. On August 18, 2022, Defendant Scottsdale Insurance Company served M interrogatories to USA Boxing, Inc. 18 10. On August 18, 2022, Defendant Nationwide Mutual Insurance Company served interrogatories to USA Boxing, Inc. 20 11. On September 15, 2023, Defendant Nationwide Mutual Insurance Company || served interrogators to City Boxing Club.

22 12. On October 6, 2023, Plaintiff City Boxing Club served interrogatories, || request for admissions (set 2), and request for productions (set 2) to K&K Insurance Group.

1 13. On October 6, 2023, Plaintiff City Boxing Club served interrogatories, || request for admissions (set 2), and request for production (set 2) to USA Boxing Club.

3 14. On October 6, 2023, Plaintiff City Boxing Club served interrogatories, || request for admissions (set 2), and request for productions (set 2) to Scottsdale Insurance Company.

G 15. On October 6, 2023, Plaintiff City Boxing Club served interrogatories, request for admissions (set 2), and request for productions (set 2) to Nationwide Mutual Insurance Company. z 9 16. On October 26, 2023, Defendant Nationwide Mutual Insurance Company — 10 served interrogatories (set 2) to City Boxing Club. < III. Description of Discovery Remaining “ 11 1. The deposition of fact witness Mary Mullins is scheduled for November 29, c C 2023. + 13 < 2. The deposition of fact witness Paula Creel is scheduled for December 7, 2023.

3. The deposition of Defendant Michael McAtee is scheduled for December 11, 2023. The parties anticipate the deposition of the FRCP 30(b)(6) designee(s) of Defendant USA Boxing, Inc. to also take place on this date.

4. The deposition of fact witness Lynette Smith is scheduled to take place December 13, 2023.

5. The deposition of Plaintiff Armin Van Damme is scheduled to take place on January 17, 2024.

1 6. The parties anticipate the depositions of the FRCP 30(b)(6) designee(s) of || Defendants Scottsdale Insurance Company and K&K Insurance Group, and these || depositions are not yet scheduled.

4 7. The parties may depose other fact witnesses including various insurance ||claim handlers and other insurance claim professionals that participated in adjusting ||the insurance claim at issue in this case need to be completed.

7 8. Expert witnesses need to be disclosed and their depositions may also be || needed. = 9 9. The Parties may wish to conduct follow-up written discovery, issue || additional subpoenas, and/or conduct additional depositions depending on the ||information learned from the above-listed depositions.

12 IV. Reasons Why Discovery Will Not be Completed Within the Time - 13 || Limit Set by The Original Discovery Plan 14 This is a complex, multi-party matter in which Plaintiffs seek declaratory relief ||regarding a policy of insurance and related to an underlying catastrophic injury that || occurred on the premises of City Boxing Club. Plaintiffs have alleged breach of || contract, breach of the implied covenant of good faith and fair dealing, estoppel, || violations of the Nevada Unfair Claims Practices Settlement Act (Nevada Revised || Statutes § 686A.310), civil conspiracy, fraud, and for declaratory relief.

20 The parties have been diligently engaged in discovery in this matter. Plaintiffs’ || have retained an expert witness regarding the key issues of insurance coverage and ||insurance claim handling who has advised Plaintiffs that he is unable to complete his review of documents and prepare his report by the current initial expert disclosure || deadline, necessitating this requested extension.

3 Additionally, this will provide sufficient time for the parties to obtain the transcripts from the scheduled depositions in time for their expert witnesses to review ||the same prior to the initial expert disclosure deadline.

6 V. The Requested Extension Satisfies the Good Cause Standard 7 Good cause exists to grant the Parties’ requested extension of the discovery || deadlines. As explained in Section II supra, the Parties have not been idle. = 9 || Additionally, as explained in Section IV, supra, this is a complex matter both in terms || of number of parties and claims, and in terms of number of witnesses. The instant || extension is not requested for any improper purpose, but rather to permit appropriate || discovery regarding the merits of this action. - 18 VI. Proposed Schedule for Completing All Remaining Discovery 14 The Parties propose the following deadlines:

: days after days after resolution 21 resolution of of dispositive motions) dispositive motions) 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2 || Dated: November 15th, 2023. Dated: November 15th, 2023.

3 /s/ Daniel Price /s/ Wing Yan Wong (with permission) Daniel R. Price, Esq. Wing Yan Wong, Esq.

4 || Christopher Beckstrom, Esq. Law Office of Gordon Rees Scully PRICE & BECKSTROM Mansukhani, LLP 1404 S. Jones Blvd. 300 S. 4th Street, Suite 1550 Las Vegas, Nevada 89146 Las Vegas, NV 89101 || Attorneys for Plaintiffs Stephen A. Hess, Esq.

Law Office of Stephen A. Hess, P.C.

7 111 South Tejon, Suite 102 Colorado Springs, CO. 80903 8 Attorneys for USA Boxing, Inc. and Michael McAtee = 9 s Dated: November 15th, 2023. ~ 10 <x /s/ Brian L. Pelanda (with permission) 11 Christine M. Emanuelson, Esq.

Nicole Hampton, Esq.

12 Brian L. Pelanda, Esq.

5 Law Office of Hines Hampton Pelanda + 18 LLP 400 South 4* Street 14 Las Vegas, NV 89101 Attorneys for Nationwide Mutual 15 Insurance Company, Scottsdale Insurance Company, and K&K 16 Insurance Group ITISSOO ED. 20 .

21 DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE DATED: November 16, 2023