United States District Court, D. Nevada
SILVESTRI JAMES P.C. SILVESTRI, ESQ. Attorney for Defendant,
ALLSTATE FIRE and CASUALTY INSURANCE COMPANY
PRINCE Dennis M. Prince DENNIS M. PRINCE, ESQ. Attorneys for
MATTHEW L. SHARP, LTD. Matthew L. Sharp MATTHEW L. SHARP,
ESQ. Attorney for Plaintiff
STIPULATION TO EXTEND TIME TO COMPLETE DISCOVERY
to L.R. IA 6-1, the parties, through their respective
undersigned counsel, jointly submit this Stipulation to
Extend Time to Complete Discovery. This is the second request
made by the parties.
Status of Discovery to Dated:
made her initial disclosures as required by FRCP 26(a)(1) on
March 14, 2017 and made a supplemental disclosure on May 16,
2017. Defendant made its initial disclosures as required by
FRCP 26(a)(1) on March 16, 2017 and made a supplemental
disclosure on March 27, 2017. On March 29, 2017, Defendants
served their first sets of Interrogatories, Requests for
Production of Documents, and Requests for Admissions on
Plaintiff. On April 20, 2017, Plaintiff served her first set
of Requests for Production of Documents on Defendant.
responded to that set on May 22, 2017. Plaintiff responded to
Defendant's first set of discovery on July 5, 2017 and
July 12, 2017. Defendant propounded its 2nd Set of Requests
for Production of Documents on July 10, 2017 to which
Plaintiff responded on September 13, 2017. In the interim,
Defendant supplemented its disclosures on August 1, 2017 and
Plaintiff propounded her 2nd Set of Requests for Production
on August 10, 2017. Defendant responded to those requests on
October 2, 2017.
March 5, 2018, Defendant has produced additional documents in
response to the requests for production subject to
agreed-upon terms of a stipulated protective order regarding
confidentiality of the documents.
March 5, 2018, Defendant has also produced a privilege log in
response to certain productions made pursuant to FRCP 26 and
to Plaintiffs requests for production.
Defendant has taken the deposition of Plaintiff Brenda
Defendant has served subpoenas duces tecum upon various
medical providers as well as the Las Vegas Metropolitan
Police Department and the Las Vegas Fire & Rescue. In
particular, Defendant has served medical provider Dr.
Marjorie Belsky and Integrated Pain Specialists with both a
subpoena duces tecum and a deposition notice for the FRCP
30(b)(6) witness for the medical practice related to Dr.
Belsky and Integrated Pain Specialists. Importantly, there is
an independent Federal Court action entitled Allstate
Insurance Company et al. v. Marjorie Belsky, MD et al.,
2:15-cv-2265-MMD-CWH. As a result of this other action,
counsel in the present action have had to coordinate with Dr.
Belsky's personal counsel in order to obtain records and
to set her deposition. The records have now been obtained.
Counsel are working on setting Dr. Belsky's deposition,
in both her personal capacity as well as the FRCP Rule
30(b)(6) witness for her medical practice.
Plaintiff has noticed FRCP Rule 30(b)(6) depositions for
Defendant Allstate as well as four (4) individual
depositions. There have been discovery issues raised with
respect to these depositions going forward. Counsel for the
parties have conducted no less than three telephone calls in
attempt to resolve these issues. It is agreed that the FRCP
Rule 30(b)(6) depositions on the first two categories can
move forward. Allstate has agreed to bring these witnesses to
Las Vegas and scheduling is underway.
the parties are still conferring on the third category which
specifically addresses Allstate's investigation regarding
issues of the other Federal Court Action, Allstate Insurance
Company et al v. Marjorie Belsky, MD, et al. In that case,
Allstate alleges amongst other things, that Dr. Belsky
committed insurance fraud in treating the Plaintiffs. There
are significant issues which have not been resolved, focusing
primarily upon issues of attorney client privilege. The
Parties herein seek a dispute resolution conference with the
Court to address this particular discovery issue.
Defendant is attempting to obtain potential additional
discovery materials from the other Federal Court action,
Allstate Insurance Company et al. v. Marjorie Belsky, MD, et
al. Notably, counsel for Defendant Allstate in this matter is