United States District Court, D. Nevada
CANNON, GORMLEY, ANGULO & STOBERSKI Peter M. Angulo, Esq.
Attorneys for Western National Insurance Group
P. Todd, Daniel I. Aquino, McCormick, Barstow, Sheppard,
Wayte & Carruth LLP Attorneys for Carrie M. Hanlon, Esq.
and Morris, Sullivan, Lemkul & Pitegoff
STIPULATION AND ORDER TO EXTEND ALL DISCOVERY
DEADLINES (SECOND REQUEST)
CARRIE M. HANLON, ESQ. and MORRIS, SULLIVAN, LEMKUL &
PITEGOFF, by and through their attorneys of record of the law
firm McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP,
and Plaintiff WESTERN NATIONAL INSURANCE GROUP, by and
through attorneys of record of the law firm OLSON, CANNON,
GORMLEY, ANGULO, & STOBERSKI, hereby file this
Stipulation and Order to Extend All Discovery Deadlines
(Second Request) for 90 days.
DISCOVERY COMPLETED BY THE PARTIES
2017, the parties served their FRCP 26(A) Initial
Disclosures. The initial disclosures contained numerous
documents with voluminous page counts. Due to the amount of
relevant documents generated by the underlying case,
Plaintiffs initial production alone totaled approximately 2,
has propounded Interrogatories, Requests for Production of
Documents, and Requests for Admissions on all Defendants.
Responses were originally due on September 8, 2017. Due to
the volume of the requests (there were nearly 75 Requests for
Admission propounded on each Defendant) and an ongoing issue
as to the amount of privileged material, more time was needed
to adequately respond. Responses to this discovery were
provided on October 10, 2017.
propounded written discovery in the form of Interrogatories,
Requests for Production and Requests for Admission to
Plaintiffs on October 11, 2017. This written discovery was
propounded following receipt and review of the extensive
initial document disclosures by Plaintiff. Plaintiffs
counsel's previously discussed medical procedures and
family commitments required him to be unavailable and out of
the office for all of November, 2017. Defendants granted
additional time to respond to the written discovery, and
received the written responses on December 8, 2017. Plaintiff
also served its First Supplemental FRCP 26 Disclosure on
December 5, 2017.
served subpoenas and custodian of records deposition notices
for the law firms of Phillips, Spallas & Angstadt (PSA)
and the Law Offices of Cory Hilton. PSA law firm did not
respond to the subpoena, and a notice of non-appearance of
the custodian of records was taken on September 13, 2017.
Defendants did receive documents per the subpoena later that
day. There are still some lingering issues regarding certain
objections to the subpoena. It is possible that this matter
may need to come before the Court in a motion to compel,
however in the interest of economy, Defendants have agreed to
hold off on this particular matter until documents from Cory
Hilton have been produced.
have granted Cory Hilton several extensions to provide his
firm's correspondence file relating to the Herbster
v. Classic Landscapes litigation in the Eighth Judicial
District Court. However, it has become apparent that despite
continued concessions from Defendants, Cory Hilton will not
cooperate in producing his correspondence file. Defendants
scheduled another Custodian of Records Deposition for Mr.
Hilton's law firm on December 13, 2017. On December 12,
2017, Defendants spoke with Breen Arntz of the Law Offices of
Cory Hilton, who stated that he would be the one to
coordinate the document production. An agreement was reached
to vacate the December 13, 2017 deposition in order to allow
Mr. Arntz to handle the production. Pursuant to the
agreement, Mr. Arntz was to have produced the correspondence
file (including all email discussions and text messages
between Mr. Arntz and the PSA Law Firm) by December 20, 2017.
aforementioned documents were not produced by this date.
Instead, the Law Offices of Cory Hilton produced an invoice
of more than $3, 000 for the copying of their file. This
matter has become unresolvable between the parties on their
own. As such, Defendants will be filing a motion with the
Court to obtain an order compelling the correspondence file
of the Law Offices of Cory Hilton. This correspondence file
relates specifically to facts surrounding key issues of the
case, as well as Defendants' affirmative defenses.
DISCOVERY WHICH REMAINS TO BE COMPLETED
depositions remain to be conducted, including the
identification of all applicable Rule 30(b)(6) and
representative witnesses. The parties agreed that depositions
would be more efficient if taken following the review and
analysis of the parties extensive production of documents and
discovery responses. Defendants also believe that the
correspondence file of the Cory Hilton law firm is also
necessary in order to have productive depositions of
Plaintiff s representatives.
parties have identified approximately six to nine party
representatives that will need to deposed, in addition to
outside witnesses from the underlying litigation. This
includes Tammy Herbster's treating physicians and
representatives of Classic Landscapes. The parties anticipate
a total of fifteen (15) witnesses for deposition.
discovery will also need to be completed. In particular, some
or all of Plaintiff s representatives do not reside in
Nevada, thus coordinating schedules for insurance adjusters
and claims managers who have a significant caseload in