Allan v. Progressive N. Ins. Co.

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.