Garity v. Dohahoe

Filing 327

ORDER granting 323 Motion to Extend Time. Proposed Joint Pretrial Order due by 12/2/2016. Signed by Magistrate Judge Carl W. Hoffman on 12/2/2016. (Copies have been distributed pursuant to the NEF - JM)

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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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v.
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USPS PMG MEGAN J. BRENNAN,
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Defendant.
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_______________________________________ )

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Case No. 2:11-cv-01805-RFB-CWH

ORDER

Presently before the court is Defendant’s motion to extend deadline to file joint pretrial order

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(ECF No. 323), filed on November 4, 2016. Plaintiff filed a response (ECF No. 324) on November

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6, 2016. Defendant filed a reply (ECF No. 326) on November 16, 2016.

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Defendant requests an extension of the deadline set by this courtfor a joint pre-trial order,

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previously set for November 7, 2016 to December 2, 2016. Plaintiff opposes any such extension as

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untimely and unnecessarily dilatory.

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Under Local Rule 26-4, a request for an extension that is filed less than 21 days before

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expiration of the deadline must be supported by a showing of good cause. Defendant filed this

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request three days before the subject deadline. Counsel for Defendant avers that she has had to

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attended to medical matters that have kept her away from work several times during the last three

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months, and that preparation of the joint pre-trial order has been very time-consuming. Additionally,

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Defendant notes that Plaintiff’s motion for reconsideration (ECF No. 317) of the court’s order is still

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before the court, and must be ruled upon before this matter may proceed to trial. Plaintiff argues that

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Defendant has previously been given numerous extensions and so should not be allowed to delay this

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case any further. However, as the requested extension is relatively modest, and there is currently no

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pending trial date, the court finds that Plaintiff will not be prejudiced by the extension. Further,

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Defendant has shown good cause for an extension.

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IT IS THEREFORE ORDERED that Defendant’s motion to extend deadline to file joint
pretrial order to December 2, 2016 is GRANTED.

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DATED: December 2, 2016.

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

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