Collins v. Hendrix et al

Filing 74

ORDER that 69 Defendants' Motion to Extend Discovery is GRANTED. FURTHER ORDERED that the remaining discovery deadlines shall be as follows: Close of discovery and last day to serve expert reports: May 10, 2018. Discovery motions deadline: June 11, 2018. Dispositive motions deadline: July 11, 2018. Signed by Magistrate Judge Carl W. Hoffman on 2/7/2018. (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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LEROY COLLINS,

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Plaintiff,
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v.
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PATRICK HENDRIX, et al.,
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Defendants.
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_______________________________________ )

Case No. 2:15-cv-01696-JCM-CWH

ORDER

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Presently before the Court is Defendants’ motion to extend discovery deadlines (ECF No.

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69), filed on January 19, 2018. Plaintiff filed a response (ECF No. 71) on January 29, 2018, and

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Defendants filed a reply (ECF No. 73) on February 5, 2018.

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Defendants move for a ninety day extension to the discovery period and the motions

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deadlines in this case, citing delays related to change of counsel and medical issues. Plaintiff

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opposes the motion, arguing that Defendants’ proposed extension is not made in good faith, and that

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there is no good cause for a second extension of the discovery period.

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Under Local Rule 26-4, a motion or stipulation to extend the deadlines of a discovery plan

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must be supported by a showing of good cause for the extension. Here, the Court finds that in light

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of Defendants’ representations that counsel has been experiencing medical issues, and that new

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counsel has taken over and needed time to become acquainted with the facts of the case, good cause

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exists for an extension. Plaintiff does not offer any support for his claims that Defendants’ reasons

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are not made in good faith, other than his desire to avoid delay. Further, Plaintiff does not articulate

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any reason why a ninety day would be unduly prejudicial. Plaintiff does mention that certain other

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issues before the Court are still pending judgment, but there is no basis for linking these other

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pending motions with the good cause analysis for the instant motion to extend discovery.

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IT IS THEREFORE ORDERED that Defendants’ motion to extend discovery (ECF No. 69)
is GRANTED.

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IT IS FURTHER ORDERED that the remaining discovery deadlines shall be as follows:

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Close of discovery and last day to serve expert reports:

May 10, 2018

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Discovery motions deadline:

June 11, 2018

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Dispositive motions deadline:

July 11, 2018

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DATED: February 7, 2018

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_________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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