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ABC Industrial Laundry, LLC v. Federal Insurance Co.

United States District Court, D. Nevada

January 19, 2018

ABC INDUSTRIAL LAUNDRY, LLC, a Nevada limited liability company, dba UNIVERSAL LAUNDRY and SUPPLY, Plaintiff,
v.
FEDERAL INSURANCE COMPANY, et al., Defendants.

          LAW OFFICES OF STEVEN J. PARSONS Attorneys for Plaintiff ABC INDUSTRIAL LAUNDRY, LLC

          PYATT SILVESTRI JAMES P.C. SILVESTRI Attorneys for Defendant FEDERAL INSURANCE COMPANY

          HINES HAMPTON, LLP CHRISTINE EMANUELSON by: WHITNEY WILCHER Attorneys for Defendant NATIONWIDE MUTUAL INSURANCE CO.

          STATUS REPORT; STIPULATED DISCOVERY PLAN AND PROPOSED SCHEDULING ORDER (IN RESPONSE TO ORDER (DOC. NO. 60)

         Plaintiff ABC INDUSTRIAL LAUNDRY, LLC, by its attorneys, Steven J. Parsons of Law Office Of Steven J. Parsons, and Joseph N. Mott and Scott Lundy of Rempfer Mott Lundy, PLLC[1]; Defendant FEDERAL INSURANCE COMPANY, by its attorneys, James P.C. Silvestri and Brian Goldman of Pyatt Silvestri, and Defendant NATIONWIDE MUTUAL INSURANCE COMPANY, by its attorneys, Christine Emanuelson and Whitney Wilcher of Hines Hampton, LLP, hereby submit this Status Report and Stipulated Discovery Plan and Proposed Scheduling Order pursuant to the Court's Order of December 21, 2017, regarding the parties' Status Check (Doc. No. 60).

         STATUS REPORT

         The parties have met, conferred and agree that at present, the following discovery remains outstanding:

         Depositions:

(1) ABC's principals and employees, Ran Brisman, Avi Cohen, and Jim Smail, as well as Fed. R. Civ. P., 30(b)(6) witnesses;
(2) ABC's former principals and employees, Moshe Levy, Yaakov "Kobi" Levy, and Yuda Levy;
(3) Rudi Moors, Christeyns' CEO (to be completed);
(4) Claims persons of each Defendant's claims operation, as well as Fed. R. Civ. P., 30(b)(6) witnesses of each Defendant;
(5) Rimkus Consulting Group, Inc.;
(6) Textile Solutions, LLC;
(7) Wynn Las Vegas, LLC;
(8) Brown & Brown Northwest;
(9) CHEM-BAC Laboratories, Inc;
(10) CR Systems Consulting;
(11) Frank Campagna, CPA; and
(11) The various experts as designated by the parties.

         Written Discovery:

         The parties anticipate additional written discovery will follow the depositions.

         Status of the Companion Case

         Attached and incorporated herein as Exhibit 1 is an Order of the Hon. Richard Scotti, District Judge, upon the Stipulation to Extend Discovery Deadlines, Amend the Scheduling Order, and Reset the Trial in the associated Eighth Judicial District Court, Clark County, Nevada case ABC Industrial Laundry, LLC v. Christeyns Laundry Technology, LLC; docketed in that Court as No. A-15-720810-C. The attached exhibit shows similar deadlines now set by that Court, as are requested in this Discovery Plan and Scheduling Order.

         1. DISCOVERY PLAN:

         A. DISCOVERY CUT-OFF Dated:

         The plan is in general accordance with LR 26-1(e)(1), and the parties request two hundred seventy (270) days to conduct percipient witness discovery measured from January 18, 2018, the date of this Status Report. The last proposed day of discovery of percipient witnesses shall be Monday, October 15, 2018.

         C. FED. R. CIV. P. 26(a)(2) DISCLOSURES (EXPERTS):

         Disclosure of experts shall proceed according to Fed.R.Civ.P. 26(a)(2) except that:

i. The disclosure of experts and expert reports shall occur on Tuesday, July 17, 2018, which is ninety (90) days before the discovery cut-off date;
ii. The disclosure of rebuttal experts shall occur on Thursday, August 16, 2018, which is thirty (30) days after the disclosure of experts.

         2. AMENDMENT OF THE PLEADINGS AND ADDING PARTIES:

         The parties shall have until Tuesday, July 17, 2018, to file any motion to amend the pleadings or to add parties. This is ninety (90) days before the discovery cut-off, which is in accordance with LR 26-1(e)(2).

         3. INTERIM ...


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