United States District Court, D. Nevada
R. BLANK, ESQ. DARREN J. LACH, ESQ. BETHANY L. KIRKENIR, ESQ.
ERIC BLANK INJURY Attorneys for Plaintiff
BRISBOIS BISGAARD & SMITH LLP ROBERT W. FREEMAN, ESQ.
PAMELA L. McGAHA, ESQ. Attorneys for Defendant State Farm
Mutual Automobile Insurance Company
STIPULATION AND [PROPOSED] ORDER GRANTING PLAINTIFF
LEAVE TO CONDUCT TWO DEPOSITIONS AFTER THE CLOSE OF DISCOVERY
AND TO EXTEND DISPOSITIVE MOTION AND JOINT PRETRIAL ORDER
NOW Plaintiff JB MYERS (“Plaintiff”) and
Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a
Foreign Corporation, (“STATE FARM”), by and
through their respective counsel of record, hereby stipulate,
subject to this Court's approval, that Plaintiff receive
leave of this Court to conduct two previously-noticed
depositions after the current close of discovery on April 9,
of Natalie Ross
deposition of State Farm claims adjuster Natalie Ross was
previously noticed by Plaintiff for April 8, 2019. Pursuant
to FRCP 26(a), Ms. Ross had been disclosed by State Farm
“c/o” defense counsel, and Plaintiff reasonably
anticipated that Defense counsel would be able to produce her
upon further inquiry, Defense counsel learned that, in the
interim, Ms. Ross had left her employ with State Farm, could
thus not be produced by counsel, and would therefore have to
be subpoenaed for deposition. The parties met and conferred
and agreed that Plaintiff will subpoena Ms. Ross for
deposition to be conducted on April 24, 2019, subject to Ms.
Ross's ability to appear on that date.
because that date falls after the close of discovery on April
8, 2019, the parties respectfully request that this Court
grant Plaintiff leave to conduct that deposition after the
close of discovery, on April 24, 2019, or a subsequent date
as soon as feasible thereafter on which Ms. Ross and counsel
30(b)(6) Deposition Of State Farm
deposition of State Farm pursuant to FRCP 30(b)(6) was
noticed by Plaintiff on December 28, 2018. However, the
parties subsequently met and conferred regarding the topics
of examination and the location of the deposition. The
parties have now agreed to conduct this deposition on April
19, 2019, in or near Tacoma, Washington.
following are the three topics of examination agreed to by
1) State Farm Mutual Automobile Insurance Company's
investigation and evaluation of Plaintiff JB Myers's
underinsured motorist claim, as it relates to the claims and
issues in the lawsuit.
2) State Farm Mutual Automobile Insurance Company's
written policies and procedures and the actual customs and
practices regarding intake, processing, handling,
investigating, evaluating and processing underinsured
motorist (“UIM”) claims in Nevada since 2011, as
it relates to the claims and issues in the lawsuit.
3) State Farm Mutual Automobile Insurance Company's
training of claims representatives regarding evaluating and
investigating underinsured motorist claims in Nevada from
October 2011 until the present.
addition, the parties agree that State Farm will, at this
deposition or prior to April 19, 2019, produce to Plaintiff
all training log(s) for Natalie Ross and any other
“primary handler(s)” assigned at any time to
Plaintiff's UIM claim. While these training log(s) have
been requested by Defense counsel, if they are not available
by April 19, 2019, then Defense counsel will produce the
training log(s) as soon thereafter as they are made available
by State Farm. A copy of Plaintiff's SECOND AMENDED