Garity v. APWU-AFl-CIO et al

Filing 115

ORDER Denying 114 Motion for Magistrate Judge to Reconsider Magistrate Judge Order. Signed by Magistrate Judge Carl W. Hoffman on 11/28/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROSEMARY GARITY,

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Plaintiff,
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vs.
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APWU-AFL-CIO,
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APWU LOCAL #7156,
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Defendant.
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__________________________________________)

Case No. 2:11-cv-01109-PMP-CWH
ORDER

This matter is before the Court on Plaintiff’s Motion for Reconsideration of Order #109
(#114), filed on November 27, 2012.
Plaintiff requests that the Court reconsider its prior order extending the deadline for expert

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disclosures by sixty days. Plaintiff highlighted that fact that the expert disclosures deadline was set

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for November 1, 2012 and she provided her expert witness report prior to that deadline.

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Consequently, she contends that Defendant will receive an advantage by having additional time to

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provide their expert disclosures.

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The Court’s prior order #109 noted that Defendant’s request for an extension of sixty days of

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all discovery deadlines did not comply with Local Rule 26-4 because it failed to cite the excusable

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neglect standard. Nevertheless, the Court granted Defendant’s request for an extension of sixty days

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to some of the discovery deadlines - including the expert disclosure deadline - based on the fact that

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extensive documentary discovery has been exchanged and Defendant needed time to review the

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record and take Plaintiff’s deposition. The Court finds that Plaintiff did not provide sufficient detail

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for it to determine that she would be prejudiced by a sixty day extension of the expert disclosure

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deadline.

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Based on the foregoing and good cause appearing therefore,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Reconsideration of Order #109

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(#114) is denied.

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DATED this 28th day of November, 2012.

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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