Mullaney v. The Travelers Indemnity Company, No. 2:2023cv01530 - Document 17 (D. Nev. 2024)

Court Description: ORDER Granting 16 Stipulation for Extension of Time. Signed by Magistrate Judge Brenda Weksler on 5/2/2024. (Copies have been distributed pursuant to the NEF - RJDG)

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Mullaney v. The Travelers Indemnity Company Doc. 17 Case 2:23-cv-01530-JAD-BNW Document 16 Filed 05/01/24 Page 1 of 7 1 2 3 4 5 6 7 John R. Hanson, Esq. Nevada State Bar No. 13141 WORTHE HANSON & WORTHE A Law Corporation 1851 E First Street, Suite 860 Santa Ana, CA 92705 Telephone (714) 285-9600 Facsimile (714)285-9700 E-Mail: jhanson@whwlawcorp.com Attorneys for Defendant, THE STANDARD FIRE INSURANCE COMPANY 8 UNITED STATE DISTRICT COURT 9 DISTRICT OF NEVADA 10 ALISON MULLANEY, an Individual. 11 12 13 14 15 16 CASE NO.: 2:23-cv-01530-JAD-BNW Plaintiff, v. THE TRAVELERS INDEMNITY COMPANY, a foreign Corporation; DOES I through X, inclusive; and ROE CORPORATIONS I through X, inclusive. STIPULATION AND ORDER TO EXTEND DEFENDANT’S CLAIMS EXPERT REPORT SUBMISSION BY 14 DAYS. 3RD REQUEST 17 Defendants. 18 19 20 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff 21 Alison Mullaney (“Plaintiff”), and Defendant The Travelers Indemnity Company 22 (“Defendant”) by and through their undersigned counsel of record, stipulate to 23 extend the un-expired expert disclosure date by 14 days as to defendant’s claims 24 expert James Schratz. This stipulation is made in good faith and not for purposes of 25 delay. 26 I. 27 28 DISCOVERY COMPLETED 1. On October 16, 2023, the parties participated in a Rule 26(f) conference. 1 _____________________________________________________________________________________________ STIPULATION AND ORDER TO EXTEND DEFENDANT’S CLAIMS EXPERT REPORT SUBMISSION BY 14 DAYS Dockets.Justia.com Case 2:23-cv-01530-JAD-BNW Document 16 Filed 05/01/24 Page 2 of 7 1 2. On November 17, 2023, Plaintiff served her first set of requests for 2 admission, requests for production of documents, and interrogatories to Defendant, 3 and Defendant served its responses to each on January 2, 2023. 4 3. On December 26, 2023, Plaintiff served her initial disclosures. 5 4. On January 10, 2024, Defendant served its initial disclosures. 6 5. On February 13, 2024, Plaintiff conducted the deposition of Valerie Vo, 7 who was designated as the FRCP 30(b)(6) representative for certain topics of 8 Defendant. The parties agreed that Defendant would produce Mary C. Liparulo, 9 RN, as a witness to address the additional topics contained within the FRCP 30(b)(6) 10 deposition notice at a later date. 11 6. On March 7, 2024, Defendant served their first set of requests for 12 requests for production of documents, and interrogatories to Plaintiff, and Plaintiff’s 13 responses are due on April 8, 2024. 14 15 7. On March 7, 2024, Defendant served their Notice Of Taking Remote Deposition Of Plaintiff, Alison Mullaney. 16 8. On March 7, 2024, Defendant served their Notice Of Taking Remote 17 Deposition Of Plaintiff’s Retained Expert Of Dr. Raimundo Leon Pursuant To 18 Deposition Subpoena And Request For Production Of Documents At Time Of 19 Deposition. Dr. Leon’s deposition was completed on April 1, 2024. 9. On March 5, 2024, Plaintiff’s served her first supplement to initial 20 21 disclosures. 22 II. 23 REASONS SUPPORTING THE REQUESTED EXTENSION DISCOVERY THAT REMAINS TO BE COMPLETED AND 24 1. Deposition of Plaintiff; 25 2. Deposition of Mary C. Liparulo, RN; 26 3. Deposition of Plaintiff’s medical providers; 27 4. The parties will take the depositions of any and all other necessary 28 witnesses as determined through discovery. The parties are coordinating on 2 _____________________________________________________________________________________________ STIPULATION AND ORDER TO EXTEND DEFENDANT’S CLAIMS EXPERT REPORT SUBMISSION BY 14 DAYS Case 2:23-cv-01530-JAD-BNW Document 16 Filed 05/01/24 Page 3 of 7 1 scheduling those depositions, along with any others; 2 5. 3 discovery; and 4 6. 5 The reason for the requested extension arises from the inadvertent mis- 6 The parties will issue and respond to any necessary additional written Any additional discovery as needed. calendaring of the disclosure date by the defense claims expert. 7 On April 30, 2024, defense counsel wrote to Schratz reminding him 8 disclosures were due on May 1, 2024. (Accompanying declaration of John R. 9 Hanson.) Mr. Schratz responded that his office didn’t have the date calendared and 10 he was on his way to testify at a trial in Seattle. He advised that if defendant could 11 secure a two seek extension, he could get the report complete. 12 Schratz was retained on January 10, 2024 and the file documents, claims notes 13 and policy were forwarded to him then on that date. (Accompanying declaration of 14 John R. Hanson.) 15 On April 30, 2024, defense counsel left a phone message advising plaintiff’s 16 counsel that the above had occurred. Defense counsel also sent an email to that 17 effect. On May 1, 2024, the date set by the Court for Rule 26 expert disclosures, 18 defense counsel received an email from Mr. Gutierrez, counsel for plaintiff. Counsel 19 stated, “[w]e are planning on getting our expert disclosures filed today. We are fine 20 if you need two weeks to get your expert report submitted but we want to ensure that 21 your expert does not review our expert report beforehand.” (Accompanying 22 declaration of John R. Hanson.) As part of this stipulation, defendant and defense 23 counsel agree that no person associated with the defense of this action will review 24 plaintiff’s claims expert’s Rule 26 report unless and until the defense has timely 25 disclosed Mr. Schratz’s report to plaintiffs. Defense counsel will ask his assistant to 26 segregate the expert report from the balance of any Rule 26 expert disclosures and 27 to keep it filed separately until Schratz has submitted his report. 28 /// 3 _____________________________________________________________________________________________ STIPULATION AND ORDER TO EXTEND DEFENDANT’S CLAIMS EXPERT REPORT SUBMISSION BY 14 DAYS Case 2:23-cv-01530-JAD-BNW Document 16 Filed 05/01/24 Page 4 of 7 1 III. 2 DISCOVERY PROPOSED SCHEDULE 3 FOR COMPLETING REMAINING Current Discovery Deadlines: Proposed Discovery Deadlines: 4 1. Discovery cut-off: June 28, 2024 No change 5 2. Amend /add parties: No change. No change. 6 3. Initial experts: May 1, 2024 No change - with the 7 sole exception of the 8 report of James Schratz 9 to be submitted on May 10 15, 2024 and subject to 11 the agreement of defense 12 not to review plaintiff’s 13 claims expert report prior 14 to the service of Mr. 15 Schratz’s report. 16 4. Rebuttal experts: May 29, 2024 No Change 17 5. Dispositive motions: June 29, 2024 No Change 18 6. Pretrial order: July 31, 2024 No Change 19 This is the parties’ third stipulated request for extension of discovery 20 deadlines. This request for an extension of time is not sought for any improper 21 purpose or other purpose of delay. Rather, it is sought by the parties solely for the 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 4 _____________________________________________________________________________________________ STIPULATION AND ORDER TO EXTEND DEFENDANT’S CLAIMS EXPERT REPORT SUBMISSION BY 14 DAYS Case 2:23-cv-01530-JAD-BNW Document 16 Filed 05/01/24 Page 5 of 7 1 2 purpose of addressing the unforeseen calendar error to which Mr. Schratz refers. 3 The parties respectfully and mutually submit that the reasons set forth above 4 constitute compelling reasons for their requested extension. 5 6 DATED this __ day of May, 2024. DATED this __ day of May, 2024. 7 MAIER GUTIERREZ & ASSOCIATES WORTHE HANSON & WORTHE 8 /s/ Joseph A. Gutierrez, Esq. _________________________________ JOSEPH A. GUTIERREZ, ESQ. Nevada Bar No. 9046 STEPHEN G. CLOUGH, ESQ. Nevada Bar No. 10549 8816 Spanish Ridge Avenue Las Vegas, Nevada 89148 Attorneys for Plaintiff Alison Mullaney /s/ John R. Hanson, Esq ______________________________ JOHN R. HANSON, ESQ. Nevada Bar No. 13141 1851 East First Street, Suite 860 Santa Ana, California 92705 Attorneys for Defendant 9 10 11 12 13 14 15 16 ORDER IT IS SO ORDERED. 17 18 DATED: May 2, 2024 19 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 5 _____________________________________________________________________________________________ STIPULATION AND ORDER TO EXTEND DEFENDANT’S CLAIMS EXPERT REPORT SUBMISSION BY 14 DAYS Case 2:23-cv-01530-JAD-BNW Document 16 Filed 05/01/24 Page 6 of 7 1 2 PROOF OF SERVICE STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) 3 4 I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 1851 East First Street, Suite 860, Santa Ana, California 92705. 5 6 7 8 9 10 9 BY FACSIMILE TRANSMISSION from FAX No. (714)285-9700 to the FAX number(s) listed below. The facsimile machine I used complied with Rule 2003(3) and no error was report by the machine. Fax Number(s): 9 BY PERSONAL SERVICE as follows: I caused such envelope to be delivered by hand to the offices of the addressee. 12 : 9 13 and 11 WORTHE, HANSON & WORTHE 1851 EAST FIRST ST., SUITE 860 SANTA ANA, CALIFORNIA 92705 TELEPHONE: (714) 285-9600 On May 1, 2024, I served the foregoing document described as: STIPULATION AND ORDER TO EXTEND DEFENDANT'S CLAIMS EXPERT REPORT SUBMISSION BY 14 DAYS to all interested parties in said action by: 14 15 16 17 18 19 20 21 22 23 BY ELECTRONIC SERVICE to the e-mail addresses stated on the attached Service List 9 BY MAIL as follows: 9 placing 9 the original 9 a true copy thereof in a sealed envelope addressed as stated on the ATTACHED MAILING LIST. 9 I deposited such envelope in the mail at Santa Ana, California. The envelope was mailed with postage thereon fully prepaid. 9 I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. 9 BY PRIORITY OVERNIGHT DELIVERY (VIA FEDERAL EXPRESS): I deposited such an envelope in a box or other facility regularly maintained by express service carrier, or delivered to an authorized courier or driver authorized by the express service carrier to receive documents in an envelope or package designated by the express service carrier with delivery fees paid or provided for, addressed to the person on whom it is to be served as indicated on the attached Service List, at the office address as last given by that person on any document filed in the case and served o the party making service. : 24 25 BY THE E.C.F. SYSTEM as follows: 9 STATE - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. FEDERAL - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. 26 Executed on May 1, 2024, at Santa Ana, California. 27 28 _____________________________ LACY ROBERTS PROOF OF SERVICE Case 2:23-cv-01530-JAD-BNW Document 16 Filed 05/01/24 Page 7 of 7 1 2 SERVICE LIST Mullaney v. The Travelers Indemnity Company, et al. USDC Case No. 2:23-cv-01530-JAD-BNW 3 4 5 6 7 8 Joseph A. Gutierrez, Esq. Stephen G. Clough, Esq. Maier Gutierrez & Associates 8816 Spanish Ridge Avenue Las Vegas, NV 89148 Office: (702) 629-7900 Fax: (702) 629-7925 E-Mail: jag@mgalaw.com; sgc@mgalaw.com ATTORNEYS FOR PLAINTIFF, ALISON MULLANEY 9 10 WORTHE, HANSON & WORTHE 1851 EAST FIRST ST., SUITE 860 SANTA ANA, CALIFORNIA 92705 TELEPHONE: (714) 285-9600 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Case 2:23-cv-01530-JAD-BNW Document 16-1 Filed 05/01/24 Page 1 of 4 1 2 3 4 5 6 7 John R. Hanson, Esq. Nevada State Bar No. 13141 WORTHE HANSON & WORTHE A Law Corporation 1851 E First Street, Suite 860 Santa Ana, CA 92705 Telephone (714) 285-9600 Facsimile (714)285-9700 E-Mail: jhanson@whwlawcorp.com Attorneys for Defendant, THE STANDARD FIRE INSURANCE COMPANY 8 UNITED STATE DISTRICT COURT 9 DISTRICT OF NEVADA 10 ALISON MULLANEY, an Individual. 11 12 13 14 15 16 CASE NO.: 2:23-cv-01530-JAD-BNW Plaintiff, v. THE TRAVELERS INDEMNITY COMPANY, a foreign Corporation; DOES I through X, inclusive; and ROE CORPORATIONS I through X, inclusive. 17 Defendants. DECLARATION OF JOHN R. HANSON IN SUPPORT OF THE STIPULATION AND ORDER TO EXTEND DEFENDANT’S CLAIMS EXPERT DISCLOSURE BY 14 DAYS THIRD REQUEST 18 19 20 I, JOHN R. HANSON DECLARE AS FOLLOWS: 21 1. I am an attorney at law duly licensed to practice before all the Courts 22 in the State of Nevada, and a partner in the law firm of Worthe Hanson & Worthe, 23 a Law Corporation, attorneys of record for Defendant, THE STANDARD FIRE 24 INSURANCE COMPANY. As such, I have personal knowledge of the file, 25 pleadings and facts stated herein. If called upon as a witness, I could and would 26 competently testify to the following: 27 28 2. On April 30, 2024, I wrote to defense expert James Schratz, reminding him Rule 26 reports were due on May 1, 2024. 1 _____________________________________________________________________________________________ DECLARATION OF JOHN R. HANSON Case 2:23-cv-01530-JAD-BNW Document 16-1 Filed 05/01/24 Page 2 of 4 1 3. On April 30, 2024, Mr. Schratz advised that his office did not have the 2 date on calendar. He stated he was on his way to Seattle for trial. He asked if I 3 could obtain a two week extension for submission of his report. 4 4. I retained Mr. Schratz on January 10, 2024 and provided the policy at 5 issue, the claim file and notes to him. On January 30, I provided the complaint to 6 Mr. Schratz. 7 5. Plaintiff’s counsel stated in email, “[w]e are planning on getting our 8 expert disclosures filed today. We are fine if you need two weeks to get your 9 expert report submitted but we want to ensure that your expert does not review our 10 expert report beforehand.” (Accompanying declaration of John R. Hanson.) This 11 office will segregate plaintiff’s claims expert’s report as described in the 12 stipulation and it will not be reviewed by defense counsel or Schratz unless and 13 until Schratz has timely submitted his report. 14 6. 15 I declare under penalty of perjury under the law of the State of Nevada that 16 17 Defendant will file the balance of its disclosures today. the foregoing is true and correct. Executed this 1st day of May, 2024, at Santa Ana, California. 18 19 __/s/ John R. Hanson JOHN R. HANSON, DECLARANT . 20 21 22 23 24 25 26 27 28 2 _____________________________________________________________________________________________ DECLARATION OF JOHN R. HANSON Case 2:23-cv-01530-JAD-BNW Document 16-1 Filed 05/01/24 Page 3 of 4 1 2 PROOF OF SERVICE STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) 3 4 I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 1851 East First Street, Suite 860, Santa Ana, California 92705. 5 7 On May 1, 2024, I served the foregoing document described as: DECLARATION OF JOHN R. HANSON IN SUPPORT OF THE STIPULATION AND ORDER TO EXTEND DEFENDANT'S CLAIMS EXPERT DISCLOSURE BY 14 DAYS to all interested parties in said action by: 8 9 6 9 10 WORTHE, HANSON & WORTHE 1851 EAST FIRST ST., SUITE 860 SANTA ANA, CALIFORNIA 92705 TELEPHONE: (714) 285-9600 11 12 BY FACSIMILE TRANSMISSION from FAX No. (714)285-9700 to the FAX number(s) listed below. The facsimile machine I used complied with Rule 2003(3) and no error was report by the machine. Fax Number(s): 9 BY PERSONAL SERVICE as follows: I caused such envelope to be delivered by hand to the offices of the addressee. : 9 BY THE E.C.F. SYSTEM as follows: BY ELECTRONIC SERVICE to the e-mail addresses stated on the attached Service List 13 and 14 9 19 BY MAIL as follows: 9 placing 9 the original 9 a true copy thereof in a sealed envelope addressed as stated on the ATTACHED MAILING LIST. 9 I deposited such envelope in the mail at Santa Ana, California. The envelope was mailed with postage thereon fully prepaid. 9 I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. 20 9 15 16 17 18 23 BY PRIORITY OVERNIGHT DELIVERY (VIA FEDERAL EXPRESS): I deposited such an envelope in a box or other facility regularly maintained by express service carrier, or delivered to an authorized courier or driver authorized by the express service carrier to receive documents in an envelope or package designated by the express service carrier with delivery fees paid or provided for, addressed to the person on whom it is to be served as indicated on the attached Service List, at the office address as last given by that person on any document filed in the case and served o the party making service. 24 : 21 22 25 9 STATE - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 26 FEDERAL - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. 27 Executed on May 1, 2024, at Santa Ana, California. 28 _____________________________ LACY ROBERTS PROOF OF SERVICE Case 2:23-cv-01530-JAD-BNW Document 16-1 Filed 05/01/24 Page 4 of 4 1 2 SERVICE LIST Mullaney v. The Travelers Indemnity Company, et al. USDC Case No. 2:23-cv-01530-JAD-BNW 3 4 5 6 7 8 Joseph A. Gutierrez, Esq. Stephen G. Clough, Esq. Maier Gutierrez & Associates 8816 Spanish Ridge Avenue Las Vegas, NV 89148 Office: (702) 629-7900 Fax: (702) 629-7925 E-Mail: jag@mgalaw.com; sgc@mgalaw.com ATTORNEYS FOR PLAINTIFF, ALISON MULLANEY 9 10 WORTHE, HANSON & WORTHE 1851 EAST FIRST ST., SUITE 860 SANTA ANA, CALIFORNIA 92705 TELEPHONE: (714) 285-9600 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE

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