Progressive Direct Insurance Company v. Laythorpe
| Progressive Direct Insurance Company |
| Michael Laythorpe |
| 2:2022cv00822 |
| May 24, 2022 |
| US District Court for the District of Nevada |
| Richard F Boulware |
| Elayna J Youchah |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 39
MINUTES OF PROCEEDINGS - Motion Hearing held on 11/1/2023 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia; Pla Counsel: John Keating; Def Counsel: Jeffrey Gomel; Recording start and end times: 11:10a.m. - 11:50a.m.; Courtroom: 3A; The Court makes preliminary remarks and hears representations of counsel as to #27 Motion for Protective Order.The Court sets forth its findings on the record and GRANTS the Motion for Protective Order (ECF No. 27).Close of discovery is January 31, 2024.The transcript of these proceedings will serve as the Court's Order. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
|
|
Filing 38
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 10/26/2023. By Judicial Assistant: E. Santiago.Due to a conflict with this Court's calendar, IT IS HEREBY ORDERED that the Motion Hearing set for November 3, 2023 at 11:00 AM is VACATED and RESET for Wednesday, November 1, 2023 at 11:00 a.m. in Courtroom 3A before Magistrate Judge Elayna J. Youchah. (no image attached) (Copies have been distributed pursuant to the NEF - ES)
|
|
Filing 37
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 10/25/2023. By Judicial Assistant: E. Santiago.Re: Plaintiff's Motion for Protective Order (ECF No. #27 ). Motion Hearing set for Friday, November 3, 2023 at 11:00 a.m. in LV Courtroom 3A before Magistrate Judge Elayna J. Youchah. (no image attached) (Copies have been distributed pursuant to the NEF - ES)
|
|
Filing 36
MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 9/30/2023. Before the Court are: Plaintiff-Counter Defendant Progressive Direct Insurance Company's #13 MOTION for Summary Judgment and Defendant-Counter Claimant Michael Laythorpe's #15 Counter MOTION for Summary Judgment. A motion for summary judgment, unless ordered otherwise, may be filed at any time until 30 days after the close of all discovery. Fed. R. Civ. P. 56(b). In many cases, however, the motion will be premature until the nonmovant has had time to file a responsive pleading or other pretrial proceedings have been had. Fed. R. Civ. P. 56 Advisory Committee Notes to the 2010 Amendment. Accordingly, summary judgment motions are frequently denied as premature when discovery has not been completed. See, e.g., Doe. v. Roe, No. 2:12-CV-01644-RFB, 2015 WL 500896, at *2 (D. Nev. Feb. 5, 2015); Herndon v. State, No. 3:22-CV-00271-ART-CLB, 2023 WL 3995534, at *2-3 (D. Nev. June 14, 2023); Sharkey v. NaphCare, Inc., No. 2:18-CV-0025-KJD-BNW, 2020 WL 2563821, at *4 (D. Nev. May 20, 2020). Defendant-Counter Claimants Response, which also serves as his counter motion for summary judgment, notes that Plaintiff-Counter Defendant's January 5, 2023 summary judgment motion was filed three months before discovery was originally due and many months before the dispositive motion deadline. Further, it contends that the motion is not procedurally or substantively grounded in law or fact. On October 14, 2022, the Court originally set discovery in this case to close on April 3, 2023. ECF No. 11. The deadline was extended pursuant to two stipulations. See ECF Nos. 21, 23. Now, discovery is due by October 2, 2023. ECF No. 23. According to the parties' latest stipulation, document production and depositions remain outstanding. Id. Additionally, discovery related disputes remain. Id.; see also ECF No. 22 (Notice of Plaintiff-Counter Defendants Objection to Notice of Taking Deposition of Progressive Direct Insurance Companys FRCP 30(B)(6) Persons With Knowledge)). The Court finds that consideration of the parties' motions for summary judgment is premature. Discovery is ongoing, and the arguments raised in the motions will benefit from the completion of discovery. The Court therefore denies the motions as premature without prejudice to refiling at or near the end of discovery, including the resolution of any discovery disputes. Cf. McGary v. Culpepper, 322 F. App'x 509, 511 (9th Cir. 2009) ("[I]t is customary and helpful for a district court to address pending discovery requests before granting a summary judgment."). IT IS THEREFORE ORDERED that Plaintiff-Counter Defendant Progressive Direct Insurance Company's #13 MOTION for Summary Judgment is DENIED without prejudice. IT IS FURTHER ORDERED that Defendant-Counter Claimant's Michael Laythorpe's #15 Counter MOTION for Summary Judgment is DENIED without prejudice.(Copies have been distributed pursuant to the NEF - MAW)
|
|
Filing 35
ORDER Granting #34 Stipulation to Extend Discovery Deadlines. Discovery due by 12/18/2023. Motions due by 1/16/2024. Proposed Joint Pretrial Order due by 2/15/2024. Signed by Magistrate Judge Elayna J. Youchah on 9/8/2023. (Copies have been distributed pursuant to the NEF - AMMi)
|
|
Filing 34
Third STIPULATION And Order To Extend Discovery Deadlines by Counter Claimant Michael Laythorpe, Defendant Michael Laythorpe. (Gomel, Jeffrey) (other) (discovery)
|
|
Filing 33
ORDER granting #32 Stipulated Protective Order. Signed by Magistrate Judge Elayna J. Youchah on 8/23/2023.(Copies have been distributed pursuant to the NEF - ALZ)
|
|
Filing 32
STIPULATED PROTECTIVE ORDER by Plaintiff Progressive Direct Insurance Company.. (Keating, John)
|
|
Filing 31
REPLY to Response to #27 Motion for Protective Order, by Plaintiff Progressive Direct Insurance Company. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9)(Keating, John)
|
|
Filing 30
RESPONSE to #27 Motion for Protective Order, by Counter Claimant Michael Laythorpe, Defendant Michael Laythorpe. Replies due by 8/17/2023. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Gomel, Jeffrey)
|
|
Filing 29
ORDER - IT IS HEREBY ORDERED that the Stipulated Protective Order (ECF No. #28 ) is DENIED without prejudice.IT IS FURTHER ORDERED that the parties must submit a revised stipulated protective order correcting the deficiencies identified. Signed by Magistrate Judge Elayna J. Youchah on 8/9/2023.(Copies have been distributed pursuant to the NEF - DLS)
|
|
Filing 28
STIPULATED PROTECTIVE ORDER re 26 Order on Motion for Protective Order,,,, Minute Order,,, by Plaintiff Progressive Direct Insurance Company.. (Keating, John)
|
|
Filing 27
MOTION for Protective Order re 26 Order on Motion for Protective Order,,,, Minute Order,,, by Plaintiff Progressive Direct Insurance Company, Counter Defendant Progressive Direct Insurance Company. Responses due by 8/10/2023. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4)(Keating, John)
|
|
Filing 26
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 7/12/2023. By Law Clerk: C. Ponder. Before the Court is Plaintiff's Motion for Protective Order. ECF No. #25 .Upon review of the Motion, the Court finds there is nothing that evidences compliance with the Local Rules requiring sincere efforts to resolve differences through meet and conferring prior to filing discovery motions. See LR 26-6(c), LR IA 1-3(f).Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion for Protective Order (ECF No. #25 ) is DENIED without prejudice. IT IS FURTHER ORDERED that Plaintiff's Motion may be refiled, if necessary, after compliance, which must be documented in accordance with the Local Rules. (no image attached) (Copies have been distributed pursuant to the NEF - CMP)
|
|
Filing 25
MOTION for Protective Order by Plaintiff Progressive Direct Insurance Company, Counter Defendant Progressive Direct Insurance Company. Responses due by 7/26/2023. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4)(Keating, John)
|
|
Filing 24
ORDER Granting #23 Stipulation to Extend Discovery Deadlines. Discovery due by 10/2/2023. Motions due by 11/1/2023. Proposed Joint Pretrial Order due by 12/1/2023. Signed by Magistrate Judge Elayna J. Youchah on 5/24/2023. (Copies have been distributed pursuant to the NEF - LOE)
|
|
Filing 23
Second STIPULATION FOR EXTENSION OF TIME (Second Request) by Counter Claimant Michael Laythorpe, Defendant Michael Laythorpe. (Gomel, Jeffrey) (extend) (discovery)
|
|
Filing 22
NOTICE Notice of Objection to FRCP 30(b)(6) by Progressive Direct Insurance Company.. (Keating, John)
|
|
Filing 21
ORDER Granting #20 Stipulation for Extension of Time (First Request). Discovery due by 7/3/2023. Motions due by 8/2/2023. Proposed Joint Pretrial Order due by 9/1/2023. Signed by Magistrate Judge Elayna J. Youchah on 3/13/2023. (Copies have been distributed pursuant to the NEF - TRW)
|
|
Filing 20
First STIPULATION FOR EXTENSION OF TIME (First Request) re #10 Discovery Plan and Scheduling Order by Counter Claimant Michael Laythorpe, Defendant Michael Laythorpe. (Gomel, Jeffrey) (extend) (discovery)
|
|
Filing 19
REPLY to Response to #15 Motion for Summary Judgment by Counter Claimant Michael Laythorpe, Defendant Michael Laythorpe. (Gomel, Jeffrey)
|
|
Filing 18
RESPONSE to #15 Motion for Summary Judgment by Counter Defendant Progressive Direct Insurance Company. Replies due by 2/27/2023. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Keating, John)
|
|
Filing 17
REPLY to Response to #13 Motion for Summary Judgment by Plaintiff Progressive Direct Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Keating, John)
|
|
Filing 16
REPLY to #13 Motion for Summary Judgment and Response to #15 Motion for Summary Judgment by Plaintiff Progressive Direct Insurance Company, Counter Defendant Progressive Direct Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Keating, John) Modified text and links on 2/7/2023 (DRS).
|
|
Filing 15
Counter MOTION for Summary Judgment by Counter Claimant Michael Laythorpe, Defendant Michael Laythorpe. Responses due by 2/17/2023. (Gomel, Jeffrey)
|
|
Filing 14
RESPONSE to #13 Motion for Summary Judgment by Counter Claimant Michael Laythorpe, Defendant Michael Laythorpe. Replies due by 2/9/2023. (Gomel, Jeffrey)
|
|
Filing 13
MOTION for Summary Judgment by Plaintiff Progressive Direct Insurance Company. Responses due by 1/26/2023. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Keating, John)
|
|
Filing 12
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (TRW)
|
|
Filing 11
ORDER Granting #10 Discovery Plan and Scheduling Order. Discovery due by 4/3/2023. Motions due by 5/3/2023. Proposed Joint Pretrial Order due by 6/2/2023. Signed by Magistrate Judge Elayna J. Youchah on 10/14/2022. (Copies have been distributed pursuant to the NEF - TRW)
|
|
Filing 10
Proposed Stipulated Discovery Plan and Scheduling Order by Plaintiff Progressive Direct Insurance Company.. (Buckwalter, Bryce)
|
|
Filing 9
ANSWER to #6 COUNTERCLAIM filed by Progressive Direct Insurance Company.(Buckwalter, Bryce) Modified on 10/5/2022 (DRS).
|
|
Filing 8
DEMAND for Trial by Jury by Counter Claimant Michael Laythorpe, Defendant Michael Laythorpe. (Gomel, Jeffrey)
|
|
Filing 7
CERTIFICATE of Interested Parties by Michael Laythorpe. There are no known interested parties other than those participating in the case. (Gomel, Jeffrey)
|
|
Filing 6
ANSWER to #1 Complaint,, with Jury Demand (, Discovery Plan/Scheduling Order due by 10/13/2022.), COUNTERCLAIM against Progressive Direct Insurance Company by Michael Laythorpe. filed by Michael Laythorpe.(Gomel, Jeffrey) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
|
|
Filing 5
SUMMONS Returned Executed by Progressive Direct Insurance Company. Michael Laythorpe served on 6/24/2022. (Attachments: #1 Summons Summons Issued)(Buckwalter, Bryce)
|
|
Filing 4
CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #1 was not filed pursuant to LR IC 5-1(b) by attorneys Bryce B. Buckwalter and John T. Keating. Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. Do not refile document. (no image attached) (SLD)
|
|
Filing 3
STANDING ORDER. This case has been assigned to the Honorable Judge Richard F. Boulware, II. Judge Boulware's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - SLD)
|
|
Filing 2
SUMMONS ISSUED as to Michael Laythorpe re #1 Complaint. (SLD)
|
|
Filing 1
COMPLAINT against Progressive Direct Insurance Company (Filing fee $402 receipt number ANVDC-6914662) by Progressive Direct Insurance Company. Proof of service due by 8/22/2022. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Buckwalter, Bryce) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
|
|
Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Elayna J. Youchah. (SLD)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Nevada District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Progressive Direct Insurance Company v. Laythorpe | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Progressive Direct Insurance Company | |
| Represented By: | Chatree M. Thongkham |
| Represented By: | John T. Keating |
| Represented By: | Bryce B. Buckwalter |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Counter claimant: Michael Laythorpe | |
| Represented By: | Jeffrey R Gomel |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
