United States District Court, D. Nevada
RICHARD HARRIS LAW FIRM, TRAVIS H. DUNSMOOR, Attorneys for
Plaintiff Earnest Platt
WINNER & SHERROD, THOMAS E. WINNER, Attorneys for
Defendant National General Insurance Company
STIPULATED DISCOVERY PLAN AND SCHEDULING
NATIONAL GENERAL INSURANCE COMPANY, by and through their
attorneys of record, Thomas E. Winner and Virginia T. Tomova
of ATKIN WINNER & SHERROD, and Plaintiff, EARNEST PLATT,
by and through his counsel, Travis Dunsmoor of the RICHARD
HARRIS LAW FIRM, respectfully submit the following Stipulated
Discovery Plan and Scheduling Order, pursuant to local rule
26.1(b) and Federal Rule of Civil Procedure 26(f).
26(f) Conference: This matter was initially filed in the
Eighth Judicial District Court in Clark County, Nevada by the
Plaintiff Earnest Platt on November 15, 2017. The case was
styled Earnest Platt v. National General Insurance Company,
Does I-X, and Roe Corporations I-X, inclusive, No.
A-17-764747-C. The case was properly removed on January 11,
2018. Pursuant to Fed.R.Civ.P. 26(f), the parties held the
initial discovery conference on March 21, 2018.
Initial Disclosures: No. changes are necessary in the form or
requirement for the disclosures under Fed.R.Civ.P.26(a).
Plaintiff has not made his Initial List of Witnesses and
Documents disclosure under Local Rule 26.1. Defendant made
its Initial List of Witnesses and Documents disclosure under
Local Rule 26.1 on or about March 22, 2018.
Areas of Discovery: The parties need to conduct discovery
regarding (a) the allegations in Plaintiffs Complaint and (b)
Discovery Plan: The Parties propose the following discovery
a. Discovery Cut-off Date(s): L.R. 26(e)(1) provides that
“unless the court orders otherwise, discovery periods
longer than 180 days from the date the first defendant
answers or appears will require special scheduling
review.” The parties agree that there is no need for a
special scheduling review. The parties further agree that
discovery will be conducted within 180 days from the date of
the filing of Defendant's Answer to Plaintiffs Complaint,
which was filed on or about March 13, 2018. Therefore, all
discovery shall be completed no later than September 10, 2018
b. Amending Pleadings or Adding Parties: Unless otherwise
stated herein or ordered by the Court, the date for filing
motions to amend the pleadings or to add parties shall not be
later than ninety (90) days prior to the discovery cut-off
date. Therefore, any such motion shall be filed no later than
June 12, 2018.
c. Disclosure of Expert Witnesses: In accordance with
Fed.R.Civ.P. 26(a)(2) and L.R. 26-1(3), disclosures
identifying experts shall be made sixty (60) days prior to
discovery cut-off date. Therefore, initial expert disclosures
shall be made no later than July 12, 2018. Disclosures
identifying rebuttal experts shall be made within thirty (30)
days after the initial expert disclosures. Therefore,
rebuttal expert disclosures shall be made no later than
August 13, 2018.
d. Interim Status Report: Sixty (60) days prior to the close
of discovery, the parties shall file an Interim Status
Report, as required by LR 26-3, stating the time estimated
for trial, three alternative dates for trial and whether
trial will be proceeding or affected by substantive motions.
Therefore, the Interim Status Report shall be filed no later
than July 12, 2018.
e. Dispositive Motions: Dispositive motions must be filed
within thirty (30) days after the close of discovery.
Therefore, such motions shall be filed no later than October
f. Pre-Trial Order: The parties will prepare a Joint
Pre-Trial Order on or before November 12, 2018, which is no
more than thirty (30) days after the date set for filing
dispositive motions in the case. This deadline will be
suspended if dispositive motions are timely filed until
thirty (30) days after the decision of the dispositive
motions or until further order by the Court. The disclosure