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Myers v. State Farm Mutual Automobile Insurance Co.

United States District Court, D. Nevada

April 9, 2019

JB MYERS, individually, Plaintiff,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation; and DOES I - X, inclusive; and ROE CORPORATIONS I - X, inclusive, Defendants.

          ERIC R. BLANK, ESQ. DARREN J. LACH, ESQ. BETHANY L. KIRKENIR, ESQ. ERIC BLANK INJURY Attorneys for Plaintiff

          LEWIS 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 DEADLINES

         COME 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, 2019.

         Deposition of Natalie Ross

         The 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 for deposition.

         However, 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.

         However, 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 are available.

         FRCP 30(b)(6) Deposition Of State Farm

         The 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.

         The following are the three topics of examination agreed to by the parties:

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.

         In 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 ...


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