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Volungis v. Liberty Mutual Fire Insurance Co.

United States District Court, D. Nevada

April 18, 2018

ETHAN VOLUNGIS, an individual, FAROOQ ABDULLA, an individual, and NIGHAT ABDULLA, an individual, Plaintiffs,
v.
LIBERTY MUTUAL FIRE INSURANCE COMPANY, a Wisconsin Corporation, DOES I through X, inclusive, and ROE BUSINESS ENTITIES I through X, inclusive, Defendants.

          EGLET PRINCE DENNIS M. PRINCE, ESQ., ERICA D. ENTSMINGER, ESQ. Attorneys for Plaintiffs

          FORAN 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 DEADLINES

         Under 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).

         This 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.

         The parties provide the following information under LR 26-4(a)-(d):

         A. Discovery Completed.

         Plaintiffs' summary:

         Plaintiffs 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).

         Liberty Mutual's summary:

         Liberty 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.

         The 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.

         In 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.

         B. Discovery That ...


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