ERIC ROY LAW FIRM ERIC ROY, ESQ. Nevada Bar No. 11869 SCOTT E. PHILIPPUS, ESQ. 3890 Nevada Bar No. 13223 Attorneys for Plaintiff
BARRON & PRUITT, LLP WILLIAM H. PRUITT, ESQ. Nevada Bar No. 6783 Attorneys for Defendant
STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES
Defendant PROGRESSIVE NORTHERN INSURANCE COMPANY, and Plaintiff SCOTT ALLAN, through their respective counsel, submit the foregoing stipulation and order to extend discovery deadlines pursuant to LR 26-4 as follows:
1. Summary of Discovery Completed
To date, the following discovery has been completed in this case:
| Item |
Date Completed |
| Plaintiff s Initial Rule 26(a) Disclosures |
10/06/2022 |
| Defendant's Initial Rule 26(a) Disclosures |
11/09/2022 |
| Defendant's First Set of Requests for Admission, |
12/07/2022 |
| Requests for Production and Interrogatories to Plaintiff Plaintiffs First Supplemental Rule 26(a) Disclosures |
12/27/2022 |
| Plaintiffs responses to Defendant's First Set of Requests for Admission, Request for Production and Interrogatories |
01/10/2023 |
| Plaintiffs Second Supplemental Rule 26(a) Disclosures |
01/10/2023 |
| Plaintiffs First Set of Interrogatories and Requests |
01/20/2023 |
| Item |
Date Completed |
| for Production to Defendant |
|
| Plaintiffs Supplemental Responses to Defendant's First Requests for Production of Documents and Defendant's First Set of Interrogatories |
02/03/2023 |
| Plaintiffs Third Supplemental Rule 26(a) Disclosures |
02/03/2023 |
| Deposition of Plaintiff Scott Allan |
02/06/2023 |
| Defendant's First Supplemental Rule 26(a) Disclosures |
02/09/2023 |
| Defendant's Designation of Expert Witnesses |
02/21/2023 |
| Plaintiff s Designation of Expert Witnesses |
02/21/2023 |
| Defendant's Responses to Plaintiff s First Set of Requests for Production of Documents and Answers to Plaintiffs First Set of Interrogatories |
03/13/2023 |
| Plaintiff s First Supplemental Designation of Expert Witnesses |
06/23/2023 |
| Plaintiffs Fourth Supplemental Rule 26(a) Disclosures |
06/23/2023 |
| Defendant's First Supplemental Designation of Expert Witnesses |
06/23/2023 |
| Defendant's Second Supplemental Rule 26(a) Disclosures |
07/26/2023 |
| Plaintiffs Fifth Supplemental Rule 26(a) Disclosures08/07/2023 |
|
| Plaintiffs Initial Rebuttal Expert Disclosure08/23/2023 |
|
| Plaintiffs First Supplemental Rebuttal Expert Disclosure |
08/24/2023 |
| Defendant's Initial Rebuttal Expert Disclosure |
08/25/2023 |
| Defendant's First Supplemental Rebuttal Expert Disclosure |
08/25/2023 |
| Plaintiffs Sixth Supplemental Rule 26(a) Disclosures |
09/08/2023 |
| Deposition of Joseph J. Schifini, MD |
09/18/2023 |
| Plaintiffs Second Supplemental Expert Disclosure |
09/27/2023 |
| Defendant's Third Supplemental Rule 26(a) Disclosures |
12/12/2023 |
| Plaintiff s Seventh Supplemental Rule 26(a) |
01/22/2024 |
| Item |
Date Completed |
| Disclosures |
|
| Plaintiffs Second Supplemental Responses to |
01/22/2024 |
| Defendant's First Set of Interrogatories Plaintiffs Supplemental Responses to Defendant's |
01/22/2024 |
| First Requests for Production of Documents Deposition of Dr. Joseph Solberg |
01/26/2024 |
| Deposition of Steven Grimm, Ph.D. |
02/08/2024 |
| Plaintiffs Eighth Supplemental Rule 26(a) Disclosures |
02/13/2024 |
| Defendant's Third Supplemental Rule 26(a) Disclosures |
03/01/2024 |
2. Discovery Remaining
The following discovery remains to be completed:
a) Dr. Fishell's deposition has been scheduled for March 18, 2024;
b) Dr. Garber's deposition has been scheduled for April 9, 2024;
c) Additional Written Discovery;
d) Deposition of Person(s) Most Knowledgeable for Defendant;
e) Deposition(s) of percipient witnesses;
f) Dcposition(s) of treating physicians;
g) Deposition(s) all remaining expert witnesses; and
h) Additional discovery as necessary.
3. Reason Why Discovery Was Not Completed
Discovery in this matter is currently scheduled to close on April 25, 2024. Although discovery has diligently progressed, additional time is required to complete the remaining depositions due to scheduling conflicts and delays arising from trial preparation in other matters and delays experienced with receiving Plaintiffs medical records and documents regarding an accident which occurred in 2023. As such, the parties believe that good cause exists to warrant extending the discovery cut off deadline and hereby request a 60 day extension of the remaining discovery deadlines to allow for additional time to complete the remaining discovery.
4. Proposed Schedule for Completing Discovery
Accordingly, the parties respectfully request that this Court enter an order setting the following discovery plan and scheduling order dates:
| Event |
Former Deadline |
New Deadline |
| Amend pleadings or add parties |
November 24, 2022 |
No Extension Requested |
| Expert Designations |
June 21, 2022 |
No Extension Requested |
| Rebuttal Expert Designations |
August 25, 2023 |
No Extension Requested |
| Discovery Cut-off |
April 25, 2024 |
June 24,2024 |
| Dispositive Motions |
May 28,2024 |
July 29,2024 |
| Joint Pre-Trial Order |
June 25, 2024 |
August 26, 2024 |
Counsel further state that the requested extension of discovery deadlines is not interposed for purposes of delay, but rather for the purposes set forth above.
IT IS SO ORDERED.