United States District Court, D. Nevada
Wirth, LLP, JAMES D. URRUTIA, ESQ., KATIE E. GOLDBERG, ESQ.,
Attorneys for Plaintiff.
Ranalli Zaniel Fowler & Moran, LLC, GEORGE M. RANALLI,
ESQ., BENJAMIN J. CARMAN, ESQ. Attorneys for Defendant.
PROPOSED STIPULATION AND ORDER TO EXTEND DISCOVERY
DEADLINES (FIRST REQUEST) [Submitted in Compliance with LR
parties, by and through their respective counsel of record,
stipulate to extend discovery in the above-referenced action,
and seek an Amended Scheduling Order setting new discovery
deadlines as follows:
Local Rule 6-1
LR 6-1(b) every stipulation to extend time must inform the
court of any previous extensions granted and state the
reasons for the extension requested.
The Requirements of Local Rule 6-1 Are Satisfied
the first request for extension filed by the parties.
Local Rule 26-4
LR 26-4, an application to extend any deadline set by the
discovery plan, scheduling order, or other order must be
received no later than twenty-one (21) days before the
expiration of any such deadline. Any request to extend any
such deadline must be supported by a showing of good cause.
Any request made after the expiration of the subject deadline
shall not be granted unless the movant demonstrates that the
failure to act was the result of excusable neglect.
The Time Requirements of Local Rule 26-4 Are
current discovery cut-off date is June 22, 2018. The primary
date the parties wish to extend is that of initial and
rebuttal expert disclosures which is April 23, 2018, which
satisfies the time period requirements.
There is Good Cause for the Extension
a civil action alleging breach of contract, breach of the
covenant of good faith and fair dealing, and alleged
violations of NRS 686A.310. Both parties require additional
time to obtain testimony from multiple insurance adjusters,
from the FRCP 30(b)(6) designee(s) of Defendant, and from
Plaintiff. These depositions were unable to be coordinated
prior to the initial expert disclosure deadline of April 23,
2018, due to the availability and trial calendars of
Plaintiff's and Defendant's counsel and deponents.
The current scheduling order requires initial experts to be
disclosed no later than April 23, 2018. However, the
insurance adjusters were not available until mid-April 2018,
to appear in Washington state for depositions, and the FRCP
30(b)(6) designee was not available until June 2018.
party is able to submit all necessary documents to their
respective experts and to obtain the requisite expert reports
and meet this current deadline because the depositions are
not occurring until April 18, 2018; April 19, 2018; and June
7, 2018. In the interests of preserving trial upon the