Recalde v. Marriott Ownership Resorts, Inc. et al

Filing 39

ORDER Granting Defendants' 37 Emergency Motion to Extend Rebuttal Expert Disclosure Deadline (Second Request). Deadline for rebuttal experts: 04/29/2016. Signed by Magistrate Judge Nancy J. Koppe on 03/31/2016. (Copies have been distributed pursuant to the NEF - NEV)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GALO RECALDE,
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Plaintiff(s),
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vs.
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MARRIOTT OWNERSHIP RESORTS, INC, et al., )
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Defendant(s).
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Case No. 2:15-cv-01627-JCM-NJK
ORDER
(Docket No. 37)

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Pending before the Court is Defendants’ emergency motion to extend the rebuttal expert

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deadline. Docket No. 37. Plaintiff filed a notice of non-opposition. Docket No. 38.1 This motion

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implicates two quandaries that the Court’s rules are designed to eliminate. First, Defendants’ untimely

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motion to extend this deadline is largely the result of the parties’ course of conduct in “informally

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agree[ing]” to modify the scheduling order without Court oversight or approval. See Docket No. 37 at

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5. The Court reminds the parties that they are not empowered to alter the Court’s scheduling order

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without Court approval. See, e.g., Local Rule 7-1(b) (“Any stipulation that would interfere with any

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time set for completion of discovery . . . may be made only with the approval of the Court”). Second,

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Defendants have disrupted the Court’s orderly functioning by filing an emergency motion despite the

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fact that the “emergency” situation is of their own making. The Court reminds Defendants that the filing

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The Court previously denied the stipulation to extend this deadline because it was untimely and no
showing of excusable neglect had been made. See Docket No. 36 at 1.

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of an emergency motion creates a host of problems and are disfavored. See Cardoza v. Bloomin’

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Brands, Inc., __ F. Supp. 3d ____, 2015 WL 6123192, *2, *4 (D. Nev. Oct. 16, 2015); see also Local

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Rule 7-5(d).

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Notwithstanding the above, and as a one-time courtesy to counsel, the Court will GRANT the

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pending motion and extend the deadline for rebuttal experts to April 29, 2016. Counsel should not

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anticipate such leniency moving forward.

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IT IS SO ORDERED.

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DATED: March 31, 2016

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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