Hackett v. Feeney et al

Filing 80

ORDER that defendants Motion to Amend Discovery Plan and Scheduling Order (Second Request) 58 is denied. Pursuant to Order (#75), the following deadlines shall apply in this case: Discovery due by 1/17/2011, Motions due by 2/16/2011, and Proposed Joint Pretrial Order due by 3/18/2011. Signed by Magistrate Judge Lawrence R. Leavitt on 10/21/10. (Copies have been distributed pursuant to the NEF - ECS)

Hackett v. Feeney et al

Doc. 80

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. RICHARD FEENEY, et al., Defendants. SANDY HACKETT, Plaintiff, UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** ) ) ) ) ) ) ) ) ) )

2:09-cv-02075-RLH-LRL ORDER

Before the court is defendants' Motion to Amend Discovery Plan and Scheduling Order (Second Request) (#58, filed June 7, 2010). The court has considered the motion (#58), plaintiff's Opposition (#73) and defendants' Reply (#78). After the motion (#58) was filed, the parties entered a Stipulation (#72) for Partial Resolution of Defendants' Motion to Amend and Scheduling Order (Second Request) (#58). The Order on Stipulation (#75) reset the deadlines for discovery cutoff, expert disclosures, rebuttal expert reports, the interim status report, dispositive motions, and the pre-trial order. The new deadlines are based on the date that the court filed its order on Motions (## 50, 54). Accordingly, all that remains to be decided on the motion (#58) is defendants' request to extend the deadline to file motions to amend pleadings and add parties to sixty days before discovery cutoff. Pursuant to Order (#75), the discovery cutoff date is January 17, 2011. By stipulation of the parties, the last day to amend the pleadings and add parties was January 29, 2010. Order (#39). That deadline was not altered by a later Order on Stipulation for Modification of Discovery Plan and Scheduling Order (First Request) (#51). Defendants do not at this time show good cause to reopen and extend the deadline to amend the pleadings. That the discovery period is extended

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does not, without more, constitute good cause to retroactively reopen and extend a past deadline to move to amend a pleading. Accordingly, IT IS ORDERED that defendants' Motion to Amend Discovery Plan and Scheduling Order (Second Request) (#58) is denied. Pursuant to Order (#75), the following deadlines shall apply in this case: Discovery Expert disclosures Rebuttal expert disclosures Interim Status Report Dispositive motions Joint Pretrial Order DATED this 21st day of October, 2010. January 17, 2011 November 16, 2010 December 16, 2010 November 16, 2010 February 16, 2011 March 18, 2011

LAWRENCE R. LEAVITT UNITED STATES MAGISTRATE JUDGE

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