Case Last Refreshed: 8 months ago
Progressive Insurance Company, filed a(n) Other Civil Filings (Petition) case against Fast Towing, Inc., in the jurisdiction of Clark County, NV, . Clark County, NV Superior Courts with Michael P. Villani presiding.
Case Number |
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Filing DateJanuary 28, 2021 |
CategoryOther Civil Filings (Petition) |
Last RefreshedAugust 19, 2023 |
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Filing LocationClark County, NV |
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| Date | Type | Description | |
|---|---|---|---|
| January 03, 2023 | Docket Event |
Case Reassigned to Department 11 Pursuant to Administrative Order 22-14 - Reassigned to Judge Anna Albertson |
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| July 18, 2022 | Docket Event |
Administrative Reassignment - Judicial Officer Change Cases Reassigned from Judge Michael Villani to Vacant, DC 17 Judge: ChangeCases Reassigned from Judge Michael Villani to Vacant, DC 17 |
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| April 28, 2022 | Docket Event |
Order to Statistically Close Case Doc ID# 9 [9] CIVIL ORDER TO STATISTICALLY CLOSE CASE |
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| January 04, 2022 | Docket Event |
Show Cause Hearing Vacated Judge: Villani, Michael |
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| January 03, 2022 | Docket Event |
Minute Order COURT NOTES, Notice of Withdrawal of Petition filed on March 16, 2021. COURT ORDERED, matter set for 1/4/22 is VACATED. CLERK'S NOTE: This Minute Order was electronically served to all registered parties for Odyssey File & Serve/ SA 1/3/2022 Judge: Villani, Michael |
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| December 09, 2021 | Docket Event |
Order to Show Cause Doc ID# 8 [8] Order to Show Cause |
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| September 07, 2021 | Docket Event |
Case Reassigned to Department 17 From Judge Jacqueline Bluth to Judge Michael Villani |
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| March 17, 2021 | Docket Event |
Petition Vacated - per Law Clerk Judge: Bluth, Jacqueline M. |
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| March 16, 2021 | Docket Event |
Notice Doc ID# 7 [7] Notice of Withdrawal of Petition to Perpetuate Evidence |
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| March 15, 2021 | Docket Event |
Minute Order Re: Petitioner's Petition To Perpetuate Evidence Petitioner's Request to enter an Order compelling Fast Towing, Inc. to (1) preserve all photographs and documents related to the subject vehicle, including documents related to the acquisition, storage, auction and sale; and (2) provide Progressive with copies of the same produced in their native formats is hereby GRANTED. Pursuant to NRCP 27, [i]f the court finds that perpetuating the testimony may prevent a failure or delay of justice, the court may permit the depositions to be taken and may issue orders like those authorized by Rules 34 and 35. By authorizing the court to make orders of the character provided by Rule 34, which governs the production of documents and things, the Nevada Legislature unambiguously included physical evidence, like the requested surveillance video and photographs, within the scope of the perpetuation rule. See NRCP 34 (providing for production of documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes). Here, perpetuation is appropriate because status at the time of impact is directly relevant to the accident. Respondent has confirmed that they were in possession of the Subject Vehicle and confirmed that the Subject Vehicle was in fact sold at Auction on November 27, 2020. Exhibit B to Motion. The age and type of vehicle make it highly susceptible to being sold as parts. This would result in evidence being lost, altered, or destroyed. As a result, Progressive seeks photographs, auction and sales information in Fast Towing, Inc.'s possession to assist in locating the vehicle for inspection. Tow yards and towing services must have documentation related to auction and sales of all vehicles. See e.g. NRS 487.170. Notwithstanding this, it is unlikely that Fast Towing, Inc. would be named in any litigation arising from this incident, so they may believe it is not necessary to preserve any documentation or photographs. Thus, an order compelling preservation and production of the requested materials is both appropriate and necessary. The request is minimally intrusive as it is limited to documents and photographs for a single vehicle towed from an accident less than three months ago. Retrieval should not be particularly time consuming or difficult. Progressive's request is specifically limited to this information and is not seeking any further information or participation from Fast Towing, Inc. at this time. In accordance with the foregoing Petitioner's Petition to Perpetuate evidence is hereby GRANTED. CLERK'S NOTE: The above minute order has been distributed via e-mail to: Attorney John T. Keating. kar 3/16/17 Judge: Bluth, Jacqueline M. |
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