Knickmeyer v. State of Nevada

Filing 29

ORDER that 28 Motion to Extend Discovery Deadline and Scheduling Order Dates re 24 Scheduling Order is GRANTED. Discovery due by 3/9/2015. Motions due by 4/8/2015. Proposed Joint Pretrial Order due by 5/8/2015. Signed by Magistrate Judge Peggy A. Leen on 1/13/15. (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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THOMAS KNICKMEYER,

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Plaintiff,

ORDER

v.
(Mot Ext Disc – Dkt. #28)
STATE OF NEVADA,
Defendant.

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Case No. 2:14-cv-00231-JCM-PAL

Before the court is Plaintiff’s Motion to Extend the Discovery Deadline and Scheduling

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Order Dates (Dkt. #28).

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scheduling order deadlines.

Plaintiff requests a 45-day extension of the discovery plan and

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The parties previously requested and received an extension of the discovery cutoff from

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September 30, 2014, to January 20, 2015. However, in the interim, the Plaintiff was involved in

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a separate arbitration challenging his employment termination. Although the arbitration occurred

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in September 2014, the final decision was not entered until late-November 2014. As a result, the

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parties did not complete discovery. Plaintiff previously scheduled the deposition of Lieutenant

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Steve Moody for January 7, 2015. However, the court reporter was ill and the deposition was

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cancelled. Plaintiff intends to take the deposition of Lieutenant Moody, Edward May, Bob

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Bennett, and possibly one to two other depositions of Eighth Judicial District Court employees.

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Plaintiff has answered Defendant’s interrogatories and document requests and Defendant has

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answered Plaintiff’s request for production of documents, but a second set of requests is

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outstanding. Plaintiff requested that Defendant stipulate to a discovery extension, but did not

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receive a response at the time this motion was filed. As Plaintiff was only seeking a 45-day

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extension to complete discovery, the motion was filed without waiting for Defendant’s response

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so that the period would not run while the motion was under submission.
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Having reviewed and considered the matter, the court will grant the request for a 45-day

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extension without waiting for a response to avoid the delay that briefing would entail. However,

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the parties are advised that no further extensions will be allowed absent an unforeseen

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emergency which precludes the parties from completing the discovery within the extended time

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allowed.

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IT IS ORDERED that Plaintiff’s Motion to Extend the Discovery Deadline and

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Scheduling Order Dates (Dkt. #28) is GRANTED and the deadlines are extended 45 days as

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follows:

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1. Last date to complete discovery: March 9, 2015.

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2. Last date to file dispositive motions: April 8, 2015.

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3. Last date to file the joint pretrial order: May 8, 2015. In the event dispositive

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motions are filed, the date for filing the joint pretrial order shall be suspended until 30

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days after a decision of the dispositive motions.

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4. The disclosures required by Fed. R. Civ. P. 26(a)(3), and any objections thereto, shall
be included in the pretrial order.
5. No further extensions will be allowed absent an unforeseen emergency that precludes
the parties from completing the discovery within the extended time allowed.
DATED this 12th day of January, 2014.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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