Picozzi v. Clark County Detention Center et al

Filing 121

ORDER granting 118 Motion to Extend Discovery. The following Discovery Plan and Scheduling Order dates shall apply: Discovery as to defendants Brooks, Hans, Garcia, Razo, Jolly, and Vertner is extended until June 11, 2018; Discovery motions as to defendants Brooks, Hans, Garcia, Razo, Jolly, and Vertner shall be filed and served no later than June 25, 2018; The deadline for filing dispositive motions for all parties is extended until July 11, 2018; and A joint pretrial order shall be filed on or before August 10, 2018. Signed by Magistrate Judge Peggy A. Leen on 3/13/2018. (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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MARK PICOZZI,

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Case No. 2:15-cv-00816-JCM-PAL
Plaintiff,

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AMENDED
SCHEDULING ORDER

v.

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CLARK COUNTY DETENTION CENTER,
et al.,

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(Mot. Extend Discovery – ECF No. 118)

Defendants.

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This matter is before the court on Plaintiff Mark Picozzi’s Motion to Extend Discovery

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(ECF No. 118), filed February 26, 2018. This Motion is referred to the undersigned pursuant to

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28 U.S.C. § 636(b)(1)(A) and LR IB 1-3 of the Local Rules of Practice. The court has considered

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the Motion and Defendant Amanda Vertner’s Non-Opposition (ECF No. 119) and Defendants

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Brooks, Hans, Garcia, Razo, and Jolly’s Opposition (ECF No. 120).

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On October 16, 2017, the court set 90 days of discovery for the recently-served defendants

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Brooks, Hans, Garcia, Razo, Jolly, and Vertner. Scheduling Order (ECF No. 97).1 In December

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2017, Picozzi asked the court to extend the deadlines. He advised the court he was scheduled to

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see two surgeons regarding his rectum and back and he expected the medical reports generated

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from these appointments to document his alleged injuries and determine defendant Vertner’s

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negligence. Defendants opposed the motion noting that Picozzi failed to disclose any expert

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witnesses who would be able to opine on the results of his exams, and the time to do so had passed.

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The court granted Picozzi’s motion finding good cause for an extension. See Order (ECF No. 112).

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The scheduling order deadlines were extended by approximately 60 days. Id.

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In the current Motion (ECF No. 118), Mr. Picozzi seeks an extension of 120 days to
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Discovery was not reopened for defendants Coker, Daos, Goins, Hightower, Judd, and Phillips. Id.

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accomplish outstanding discovery as to defendants Brooks, Hans, Garcia, Razzo, Jolley and

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Vertner. He states that counsel for defendant Vertner subpoenaed High Desert State Prison and

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UMC hospital for his medical records and the parties are waiting for those documents. In addition,

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Picozzi is still waiting to be seen by two surgeons for his injuries. Counsel for Vertner does not

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oppose the motion but believes the outstanding tasks can be accomplished with a 90-day extension.

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Defendants Brooks, Hans, Garcia, Razo, and Jolly believe the current discovery deadline

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is sufficient and Picozzi has not established good cause to extend the deadlines. See Opposition

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(ECF No. 120). They argue that Mr. Picozzi should not be rewarded with continual extensions for

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baseless discovery when he failed to follow through on appointments with two surgeons, failed to

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disclose any expert witnesses that would be able to opine regarding the results of any exams, and

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the time to do so has long since passed.

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The court finds good cause for a short extension of the Amended Scheduling Order’s

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deadlines. However, the parties are cautioned that any further request for extension will be

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scrutinized for a strong showing of compelling circumstances, good cause, and that the parties

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could not complete discovery within the extended time allowed despite the exercise of due

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diligence.

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Accordingly,

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IT IS ORDERED:

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1. Plaintiff Mark Picozzi’s Motion to Extend Discovery (ECF No. 118) is GRANTED.

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2. The following Discovery Plan and Scheduling Order dates shall apply:
a. Discovery as to defendants Brooks, Hans, Garcia, Razo, Jolly, and Vertner is

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extended until June 11, 2018;

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b. Discovery motions as to defendants Brooks, Hans, Garcia, Razo, Jolly, and Vertner

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shall be filed and served no later than June 25, 2018;

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c. The deadline for filing dispositive motions for all parties is extended until July 11,

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2018; and

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d. A joint pretrial order shall be filed on or before August 10, 2018.

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e. If dispositive motions are timely filed, the deadline for filing the joint pretrial order
shall be suspended until 30 days after a decision of dispositive motions.

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f. Absent compelling circumstances, a strong showing of good cause, and that

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discovery could not be completed within the extended time allowed despite the

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exercise of due diligence, no further extensions will be allowed.

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Dated this 13th day of March, 2018.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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