Tefft v. State Farm Mutual Automobile Insurance Company

1 ROBERT W. FREEMAN Nevada Bar No. 3062 [email protected] FRANK A. TODDRE, II Nevada Bar No. 11474 [email protected] LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 Telephone: 702.893.3383 Facsimile: 702.893.3789 Attorneys for Defendant State Farm Mutual Automobile Insurance Company UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** ALLYSSA TEFFT, INDIVIDUALLY AND Case No.: 2:23-cv-00520-JAD-DJA AS THE NATURAL PARENT OF BROOKLYNN McNAIR TEFFT, A MINOR, 13 STIPULATION AND ORDER TO Plaintiffs, EXTEND DISCOVERY DEADLINES vs. [THIRD REQUEST] STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; DOES 1 through 10; inclusive and ROE CORPORATIONS 1 through 10, inclusive, 18 Defendants.

20 Pursuant to LR 6-1 and LR 26-3, the parties, by and through their respective counsel of record, hereby stipulate and request that this Court extend discovery in the above-captioned case by sixty (60) days, up to and including Friday, August 9, 2024. In addition, the parties request that all other future deadlines contemplated by the Discovery Plan and Scheduling Order be extended pursuant to Local Rule. This is the parties third request to extend discovery. In support of this Stipulation and Request, the parties state as follows: 26 DISCOVERY COMPLETED 27 1. On June 8, 2023, Defendant State Farm Mutual Automobile Insurance Company Documents to Plaintiff, their First Set of Requests for Admissions to Plaintiff, and their first set of Interrogatories to Plaintiff.

3 2. On June 15, 2023, Plaintiff filed their Initial Disclosures of Witnesses and Production of Documents Pursuant to FRCP 26.1.

5 3. On June 26, 2023, Plaintiff Tefft served their Responses to Defendant’s Requests for Admission.

7 4. On July 10, 2023, Plaintiff Tefft served their Responses to Defendant’s Interrogatories, and their Responses to Defendant’s Request for Production of Documents.

9 5. On August 22, 2023, Defendant SFMAIC served their First Supplement to FRCP 26 List of Witnesses and Documents.

11 6. On August 30, 2023, Plaintiff Tefft served their First Supplemental Disclosure of Witnesses and Documents Pursuant to FRCP 26.1.

13 7. On September 13, 2023, the deposition of Angela Vendetti, Claims Representative for SFMAIC took place.

15 8. On September 15, 2023, Plaintiff Tefft served their Request for Production of Documents to SFMAIC.

17 9. On September 15, 2023, Defendant SFMAIC served their Second Supplement to FRCP 26 List of Witnesses and Documents.

19 10. On September 18, 2023, Plaintiff Tefft served her first Request for Production of Documents to SFMAIC.

21 11. On September 25, 2023, Plaintiff Tefft served an Amended Notice of Taking the Videotaped Deposition of Lori Craig 23 12. On October 6, 2023, Plaintiff Tefft served the Notice of Taking the Videotaped Deposition of Sydney Payne.

25 13. On October 10, 2023, Defendant SFMAIC served their Amended Notice of Taking Deposition of Allyessa Tefft.

27 14. On October 19, 2023, Defendant SFMAIC served their Third Supplement to FRCP 1 15. On October 31, 2023, Defendant SFMAIC served their Notice of Vacating Deposition of Plaintiff Allyessa Tefft.

3 16. On November 1, 2023, Plaintiff Tefft served her Notice of Vacating the Videotaped Deposition of Lori Craig, and her Notice of Vacating the Videotaped Deposition of Sydney Payne.

5 17. On November 9, 2023, Defendant SFMAIC served their Fourth Supplement to FRCP 26 List of Witnesses and Documents 7 18. On November 14, 2023, Plaintiff Tefft served her Second Supplemental Disclosure of Witnesses and Production of Documents, Pursuant to FRCP 26.1.

9 19. On December 1, 2023, Plaintiff Tefft served her Amended Notice of Taking the Videotaped Deposition of Lori Craig.

11 20. On December 13, 2023, Defendant SFMAIC served their Fifth Supplement to FRCP 26 List of Witnesses and Documents.

13 21. On January 9, 2024, Plaintiff Tefft served her Notice of Taking the Videotaped Deposition of Sydney Payne.

15 22. On January 12, 2024, Plaintiff Tefft served Plaintiff’s Third Supplemental Disclosure of Witnesses and Production of Documents, Pursuant to FRCP 26.1.

17 23. On January 16, 2024, the Deposition of SFMAIC employee Lori Craig was conducted.

19 24. On January 18, 2024, Defendant SFMAIC served their Sixth Supplement to FRCP 26 List of Witnesses and Documents.

21 25. On January 22, 2024, Plaintiff Tefft served her Amended Notice of Taking the Videotaped Deposition of Sydney Payne.

23 DISCOVERY REMAINING 24 1. The parties will continue participating in written discovery.

25 2. Defendant will continue to collect Plaintiff’s medical records.

26 3. SFMAIC will respond to Plaintiff Tefft’s Request for Production, after the SFMAIC’s Motion for Protective Order and Plaintiff Tefft’s Counter-Motion to Compel are ruled 1 4. Plaintiff will depose State Farm Employee Sydney Payne on April 11, 2024.

2 5. The deposition of Plaintiff Tefft will be noticed and taken.

3 6. Plaintiff will depose Defendant’s FRCP 30(b)(6) witness(es).

4 7. The parties may depose any and all other witnesses garnered through discovery, 5 potentially including treatment providers and claims adjusters.

6 8. The parties will designate expert witnesses and may conduct depositions of those expert witnesses.

8 9. Any and all remaining discovery required as permitted by the Federal Rules of Civil Procedure.

10 WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED 11 The parties have been diligent in moving the case forward: participating in a reasonable amount of discovery, including exchanging their initial lists of witnesses and documents; supplemental lists of witnesses and documents, propounding written discovery requests and preparing responses thereto; taking the deposition of SFMAIC representatives Angela Vendetti and Lori Craig, records procurement; and preparing for Plaintiff’s deposition.

16 The parties are asking for this extension as they are involved in motion practice related to Defendant SFMAIC’s Motion for Protective Order and Plaintiff Tefft’s Counter-Motion to Compel.

18 Plaintiff has also moved out of state which have presented certain logistical issues. Further, one of the representatives of State Farm to be deposed, Sydney Payne, also lives out of state.

20 Both parties need additional time to gather expert witnesses in order to adequately try the case. This is the third request for an extension of time in this matter. The parties respectfully submit that the reasons set forth above constitute compelling reasons for the short extension.

23 The following is a list of the current discovery deadlines and the parties’ proposed extended deadlines: Scheduled Event Current Deadline Proposed Deadline Discovery Cut-off Monday, June 10, 2024 Friday, August 9, 2024 Amend Pleadings or Add Closed. Closed.

I Scheduled Event Current Deadline Proposed Deadline Expert Disclosure pursuant | Wednesday, April 10, 2024 Monday, June 10, 2024 3 to FRCP 26 (a)(2) Rebuttal Expert Disclosure | Monday, May 13, 2024 Friday, July 12, 2024 pursuant to FRCP.

5 26(a)(2) 6 Tuesday, July 9, 2024 Monday, September 9, 2024 7 Pretrial Order Thursday, August 8, 2024; or | Monday, October 7, 2024; or if if dispositive motions are dispositive motions are filed, 30 8 filed, 30 days after the entry | days after the entry of order on of order on the dispositive the dispositive motions.

9 motions.

10 WHEREFORE, the parties respectfully request that this Court extend the discovery period by Sixty (60) days from the current deadline of Monday June 10, 2024, up to and including Friday, August 9, 2024, and the other dates as outlined in accordance with the table above. || Dated this 20th day of March, 2024 Dated this 20th day of March, 2024 14) H&P LAW LEWIS BRISBOIS BISGAARD & SMITH LLP I /s/ Matthew G. Pfau /s/ Frank A. Toddre, II || MARJORIE L. HAUF ROBERT W. FREEMAN Nevada Bar No. 8111 Nevada Bar No. 3062 MATTHEW G. PFAU FRANK A. TODDRE, II Nevada Bar No. 11439 Nevada Bar No. 11474 CARA XIDIS 6385 S. Rainbow Boulevard, Suite 600 Nevada Bar No. 11743 Las Vegas, Nevada 89118 710 South 9" Street Attorneys for Defendant State Farm Mutual Las Vegas, Nevada 89101 Automobile Insurance Company Attorneys for Plaintiffs 9 ORDER 73 IT IS SO ORDERED.

DATED this 22nd day of March 2024.

26 UNITED STATES MAGISiPRATE JUDGE