Hamblen v. Hartford Financial Services Group

1 DAVID R. SIDRAN, ESQ.

Nevada Bar No. 7517 SIDRAN LAW CORP 7251 West Lake Mead Boulevard, Suite 300 Las Vegas, Nevada 89128 Phone/Facsimile: (702) 551-2015 Attorney for Plaintiff, LESLIE R. BAKKE UNITED STATES DISTRICT COURT DISTRICT OF NEVADA LESLIE R. BAKKE, an individual Case No.: 2:23-cv-01098-GMN-EJY Plaintiffs, STIPULATION AND ORDER TO v. EXTEND THE CLOSE OF 12 DISCOVERY, DISPOSITIVE HARTFORD INSURANCE COMPANY OF MOTIONS DEADLINE, AND JOINT THE MIDWEST, Does 1 through 10, inclusive, PRETRIAL ORDER DEADLINE FIRST REQUEST Defendants.

16 IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff Leslie R. Bakke, through her counsel of record, the law firm of Sidran Law Corp and Defendant Hartford Insurance Company of the Midwest, through its counsel of record, the law firm of WRIGHT, FINLAY & ZAK, LLP, that the discovery deadlines in this matter shall be extended ninety (90) days pursuant to LR 26-3. This is the parties’ first request for an extension of the discovery deadlines. The parties set forth the following information in support of their stipulation.

I.

DISCOVERY COMPLETED TO DATE A. FRCP 26(a) Disclosures and Supplements Title Date Served Plaintiff’s Initial Disclosure of Documents and Witnesses Pursuant to September 28, FRCP 26(a)(1) 2023 Hartford Insurance Company of the Midwest’s Initial Disclosure of September 14, Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) 2023 Hartford Insurance Company of the Midwest’s First Supplemental January 30, 2024 Disclosure of Witnesses and Documents Pursuant to FED. R. CIV. P. RULE 26.1(a)(1) B. Written Discovery Title Date Served Hartford Insurance Company of the Midwest’s First Set of October 6, 2023 Interrogatories to Plaintiff Hartford Insurance Company of the Midwest’s First Set of Requests for October 6, 2023 Admissions to Plaintiff Hartford Insurance Company of the Midwest’s First Set of Requests for October 6, 2023 Production of Documents to Plaintiff Plaintiff’s Responses to Hartford Insurance Company of the Midwest’s December 22, First Set of Requests for Production of Documents to Plaintiff 2023 Plaintiff’s Responses to Hartford Insurance Company of the Midwest’s December 22, First Set of Requests for Admissions to Plaintiff 2023 Plaintiff’s Responses to Hartford Insurance Company of the Midwest’s December 22, First Set of Interrogatories to Plaintiff 2023 C.Depositions Deponent Date Plaintiff Leslie Bakke January 31, 2024 D.Subpoenas Issued ATI Physical Therapy January 5, 2024 Cornerstone Family Practice January 5, 2024 Innovative Pain Care Center January 5, 2024 Las Vegas Neurology January 5, 2024 Brian E. Lee, MD January 5, 2024 Mariam A. Marvasti, MD January 5, 2024 Moehrle Clinic January 5, 2024 Dr. John Moehrle January 5, 2024 Neurology Center of Nevada January 5, 2024 PBS Anesthesia January 5, 2024 SimonMed Imaging January 5, 2024 Stanford Health Care January 5, 2024 Steinberg Diagnostic Medical Imaging January 5, 2024 Surgical Arts Center January 5, 2024 Spine & Brain Institute January 5, 2024 Desert Radiology January 8, 2024 Henderson Hospital January 31, 2024 1 II.

2 DISCOVERY TO BE COMPLETED 3 1. Plaintiff will take the depositions of Defendant’s relevant claims handling personnel who were involved in the investigation, evaluation, and handling of her respective uninsured motorist claim.

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

3. The parties will produce their initial and rebuttal expert reports.

4. The parties will depose their respective expert witnesses.

5. The parties will engage in additional written discovery and notice any additional depositions.

The parties anticipate that they may need to conduct other forms of discovery not specifically delineated herein on an as-needed basis. Therefore, the list outlined above is in no way intended to be a comprehensive list of the outstanding discovery that remains to be completed.

III.

17 REASONS DISCOVERY WAS NOT COMPLETED WITHIN THE TIME LIMITS AND NEEDS TO BE EXTENDED “[D]istrict courts . . . retain broad discretion to control their dockets . . . .” Shahrokhi v. Harter, No. 2:21-cv-01126-RFB-NJK, 2021 U.S. Dist. LEXIS 247936, at *4 (D. Nev. Dec. 30, 2021). To prevail on a request to extend discovery deadlines, the parties must establish good cause. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608-09 (9th Cir. 1992). “Good cause to extend a discovery deadline exists if it cannot reasonably be met despite the diligence of the party seeking the extension.” Las Vegas Skydiving Adventures LLC v. Groupon, Inc., No. 2:18-cv-02342-APG-VCF, 2020 U.S. Dist. LEXIS 166073, at *6 (D. Nev. Sep. 10, 2020) (internal quotations omitted). For the reasons set forth below, the parties respectfully submit that good cause supports their request for an extension of the close of discovery, dispositive motions deadline and joint pretrial order deadline.

1 The parties respectfully request an extension of the discovery deadlines in this matter for numerous reasons. The earliest date on which Plaintiff’s retained medical expert can conduct a physical examination of Plaintiff is April 29, 2024. This examination is necessary for Plaintiff to produce her initial expert reports. Further, Defendant has encountered unforeseen delays in obtaining Plaintiff’s medical records from numerous healthcare providers, including out-of-state records from Stanford Healthcare in California.

IV.

PROPOSED SCHEDULE FOR COMPLETING DISCOVERY Current Date Proposed Date Amend Pleadings and Add Parties: March 5, 2024 June 5, 2024 Initial Expert Disclosures: April 4, 2024 July 5, 20241 Rebuttal Expert Disclosures: May 6, 2024 August 5, 2024 Close of Discovery: June 3, 2024 September 5, 2024 Dispositive Motions July 3, 2024 October 5, 2024 Joint Pretrial Order August 2, 2024 November 5, 2024 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / The actual deadline falls on July 4, 2024, a federal holiday. ] Based on the foregoing, the parties respectfully request this Court grant their || Stipulation and Order to Extend the Close of Discovery, Dispositive Motions Deadline, and || Joint Pretrial Order Deadline (First Request).

4 || DATED this 8th day of February, 2024. DATED this 8th day of February, 2024.

5 By: = David R. Sidran By: /s/ Stephanie Garabedian, Esq.

6 DAVID R. SIDRAN, ESQ. STEPHANIE GARABEDIAN, ESQ.

Nevada Bar No. 7517 Nevada Bar No. 9612 7 SIDRAN LAW CORP WRIGHT, FINLAY & ZAK, LLP g 7251 West Lake Mead Boulevard, #300 7785 West Sahara Avenue, #200 Las Vegas, Nevada 89128 Las Vegas, NV 89117 9 Attorney for Plaintiff, LESLIE R. BAKKE Attorney for Defendant HARTFORD INSURANCE COMPANY OF THE 10 MIDWEST 1] 2 12 2 13 BE = 15 ORDER IT IS SO ORDERED.

19 UNITED|STATES|MAGISTRATE JUDGE 20 Dated: February 9, 2024 Page 5 of 5