United States District Court, D. Nevada
ETHAN VOLUNGIS, an individual, FAROOQ ABDULLA, an individual, and NIGHAT ABDULLA, an individual, Plaintiffs,
LIBERTY MUTUAL FIRE INSURANCE COMPANY, a Wisconsin Corporation, DOES I through X, inclusive, and ROE BUSINESS ENTITIES I through X, inclusive, Defendants.
PRINCE DENNIS M. PRINCE, ESQ., ERICA D. ENTSMINGER, ESQ.
Attorneys for Plaintiffs
GLENNON PALANDECH PONZI & RUDLOFF, AMY M. SAMBERG, ESQ.,
CASEY G. PERKINS, ESQ., GIBSON, DUNN & CRUTCHER LLP
GREGORY J. KERWIN, ESQ. Attorneys for Defendant Liberty
Mutual Fire Insurance Company
STIPULATION AND ORDER TO EXTEND DISCOVERY
District of Nevada LR 26-4 and LR IA 6-1, Plaintiffs Ethan
Volungis and Farooq and Nighat Abdulla, and Defendant Liberty
Mutual Fire Insurance Company (“Liberty Mutual”),
by and through their respective counsel, hereby request that
certain remaining discovery deadlines be extended by ninety
(90) days based on the schedule set forth in Section D below.
This is the parties' first request to extend the
deadlines that were set in the Discovery Plan and Scheduling
Order, which the Court approved on December 4, 2017 (ECF 18).
request is filed more than 21 days before the expiration of
the deadlines for which an extension is requested. For the
reasons explained in Section C below including some delay
with the parties' counsel reaching agreement on the terms
for a stipulated protective order to protect privileged
communications relating to the Thorndal firm-Abdulla/Liberty
Mutual attorney-client relationship, there is good cause to
extend the remaining discovery deadlines by 90 days.
parties provide the following information under LR
served their initial Fed.R.Civ.P. 26(a)(1) disclosures on
February 23, 2018 and produced a CD with approximately 2, 167
pages of documents (marked PLTF-00001 to -002167). Plaintiffs
served an amended Rule 26(a)(1) initial disclosure on March
24, 2018 and produced an additional 92 pages of documents
(PLTF-002168 to -002260).
Mutual served its initial Fed.R.Civ.P. 26(a)(1) disclosures
on January 5, 2018 along with a certified copy of the
relevant Abdulla insurance policy (37 pages) (marked
LM-Abdulla-InsPolicy 000001 to -000037). In its Rule 26(a)(1)
disclosure, Liberty Mutual agreed to produce to
Plaintiffs' counsel its claim file documents, which
include privileged communications between Dr. Abdulla's
defense counsel at the Thorndal firm and either Dr. Abdulla
or Liberty Mutual representatives, once a stipulated
protective order is entered to prevent disclosure of
privileged documents in public court filings and to
non-parties to this lawsuit.
parties' counsel have been negotiating the terms for such
a stipulated protective order and reached agreement on an
agreed order on April 17, 2018. Through that order, Liberty
Mutual seeks to protect against any privilege waiver for
documents disclosing privileged attorney-client
communications between Dr. Abdulla and his defense counsel,
including privileged documents that Plaintiffs have obtained
from Dr. Abdulla's defense counsel at the Thorndal firm,
through the independent counsel Dr. Abdulla hired, Steve
Parsons. Once a suitable protective order is entered to
prevent any privilege waiver for strangers to the
attorney-client relationship, Liberty Mutual will immediately
produce the claim file documents identified in its Rule
26(a)(1) disclosures, comprising more than 4, 000 pages,
which contain extensive information about privileged
communications between Dr. Abdulla and his defense counsel.
addition, on November 20, 2017, Liberty Mutual filed a motion
to stay all proceedings in this case pending resolution of
the underlying appeal to the Nevada Supreme Court of the
Volungis personal injury judgment against Dr. Abdulla (ECF
15). That motion to stay is fully briefed and pending.
Discovery That ...