Plank v. Las Vegas Metropolitan Police Department et al

Filing 31

ORDER that 30 Motion to Extend Discovery is DENIED. Signed by Magistrate Judge Peggy A. Leen on 3/13/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DAVID EDWIN PLANK,
Plaintiff,

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ORDER

v.
(Mot Ext Disc – Dkt. #30)
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,
Defendants.

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Case No. 2:12-cv-02205-JCM-PAL

Before the court is Plaintiff’s Motion to Extend Discovery (Fourth Request) (Dkt. #30).
The motion was filed March 6, 2015, the last date to complete discovery after three extensions.

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The court’s order approving the parties’ third stipulated extension indicated that no

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further extensions would be allowed. See Order (Dkt. #28) entered October 2, 2014. Plaintiff

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seeks an extension from March 6, 2015, until April 20, 2015, to complete discovery. Plaintiff

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still needs to depose two officers involved in the incident giving rise to his complaint, Officer

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McIntyre and Officer Swanbeck. Officer Swanbeck lives on the east coast and will need to be

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subpoenaed for his deposition. Additionally, Plaintiff seeks to propound additional written

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discovery to Defendant Mayoral as a result of information learned from his deposition. Finally,

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Plaintiff states that the parties still need to depose experts and rebuttal experts. Like the prior

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stipulations to extend the discovery cutoff the motion states that the “recitation of discovery to be

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completed is not intended to be limiting, but is set forth to advise the Court of remaining

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discovery.”

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The Complaint (Dkt. #1) in this case was filed December 28, 2012. The parties have

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requested and received three extension of the discovery plan and scheduling order deadlines after

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requesting and receiving a stay of discovery while the underlying criminal case was resolved.

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The initial Discovery Plan and Scheduling Order (Dkt. #22) was entered January 13, 2014, and
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established a July 7, 2014, discovery cutoff. The court granted the parties’ first request to extend

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the discovery in an Order (Dkt. #24) entered May 8, 2014, granting the parties a 90-day

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extension until October 6, 2014. The court granted a second 90-day extension of the discovery

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plan cutoff July 18, 2014, and extended the discovery cutoff until January 5, 2015. The parties

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submitted their third request to extend the discovery deadlines September 29, 2014 (Dkt. #27).

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The only additional discovery that the parties had completed between the second extension and

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the third extension was scheduling Defendant Mayoral’s deposition. The parties’ third request

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indicated that the discovery remaining consisted of Plaintiff deposing Officers McIntyre and

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Swanbeck, disclosing and deposing experts and rebuttal experts, and “receiving information for

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twelve local hotels.”

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The parties have had more than 14 months to complete discovery after the stay they

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requested was lifted. As indicated, the court granted the parties’ third extension indicating no

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further extensions would be allowed. Since then, the only discovery that has been completed is

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Plaintiff’s production of his expert disclosure, Defendant Mayoral’s production of his expert

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disclosure, and Plaintiff’s rebuttal expert disclosure. Defendant Mayoral was deposed November

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7, 2014, and Plaintiff provides no explanation for his failure to serve additional written discovery

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he alleges became necessary after deposing Mayoral four months earlier. No explanation is

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provided why the parties have not scheduled depositions of their experts and rebuttal expert.

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Under these circumstances, the court finds that Plaintiff has not established good cause or

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excusable neglect for a fourth extension of the discovery plan and scheduling order deadlines.

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Accordingly,

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IT IS ORDERED that Plaintiff’s Motion to Extend Discovery (Dkt. #30) is DENIED.

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DATED this 13th day of March, 2015.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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