PN II, Inc. v. National Fire & Marine Insurance Company
2:20-cv-01383
| D. Nev. | May 14, 2025Background
- Pulte Homes filed a bad faith insurance lawsuit against National Fire & Marine Insurance Company, relating to a prior state lawsuit where Pulte sued its subcontractor, Executive Plastering.
- Executive Plastering was insured by both National Fire and Contractors Insurance Company of North America (CICNA).
- Discovery in this federal case closed on November 9, 2022, though some post-discovery depositions occurred with court permission.
- In January 2023, the court instructed parties to request relief if post-discovery depositions warranted further discovery, but no motions were filed at that time.
- In March 2024, summary judgment motions were decided (partial summary judgment for Pulte), and the matter is awaiting trial with additional pretrial motions pending.
- In March 2025, National Fire moved to reopen discovery to depose Justice Mark Cherry and Jill Clair; both Pulte and CICNA opposed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reopen discovery to depose Justice Cherry | National Fire knew of Cherry for years & did not act diligently | Disclosure of Cherry as a witness changed his relevance; Pulte's intentions unclear | Denied — Lack of diligence, no good cause shown |
| Reopen discovery to depose Jill Clair | National Fire had reason to know of Clair's role during or soon after discovery | Clair's significance to collusion claim only became apparent after depositions closed | Denied — No diligence; information long available |
Key Cases Cited
- Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992) ("Good cause" under Rule 16 focuses on movant's diligence; lack of diligence ends inquiry)
- Coleman v. Quaker Oats Co., 232 F.3d 1271 (9th Cir. 2000) (Lack of diligence alone defeats motion to reopen discovery)
- Cornwell v. Electra Cent. Credit Union, 439 F.3d 1018 (9th Cir. 2006) (Affirming denial of motion to reopen discovery for lack of diligence)
- Branch Banking & Trust Co. v. DMSI, LLC, 871 F.3d 751 (9th Cir. 2017) (Lack of diligence by itself is sufficient to deny discovery extension)