Strawder-McCurry v. Wal-Mart Stores, Inc.

Filing 36

ORDER Denying without prejudice 35 Stipulation to Modify the Scheduling Order. Signed by Magistrate Judge Nancy J. Koppe on 01/10/2014. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MELISSA STRAWDER-MCCURRY,
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Plaintiff(s),
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vs.
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WAL-MART STORES, INC.,
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Defendant(s).
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Case No. 2:13-cv-00618-JAD-NJK
ORDER DENYING STIPULATION
(Docket No. 35)

Pending before the Court is a stipulation to extend various deadlines, see Docket No. 35,

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which is hereby DENIED without prejudice. The pending stipulation seeks an order allowing

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Defendant to provide a supplemental expert report and for Plaintiff to depose Defendant’s expert

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beyond the discovery cut-off. See Docket No. 35. The Court construes the stipulation as requesting

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an extension to the already-expired expert disclosure deadlines, as well as an extension of the

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discovery cut-off limited to conducting the identified expert discovery. Accordingly, such a request

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must be supported by a showing of both excusable neglect and good cause. See, e.g., Local Rule 26-

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4; see also Docket No. 17 (explaining operation of Local Rule 26-4). The pending stipulation fails,

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inter alia, to provide any meaningful explanation why this discovery was not conducted earlier.1

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Accordingly, the pending stipulation is hereby DENIED without prejudice.

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IT IS SO ORDERED.

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DATED: January 10, 2014

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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The stipulation indicates that an independent medical examination is scheduled for January 18,
2014, and it appears that the supplemental expert report cannot be completed until after the independent
medical examination. See Docket No. 35 at 1. But the parties’ previous stipulation (filed nearly four
months ago) acknowledged the need for independent medical examinations, see Docket No. 31 at 2
(filed September 18, 2013), and the parties fail to address why they waited to schedule the identified
examination until the end of the already-extended discovery period.
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