Buesing Corporation, an Arizona corporation v. Helix Electric of Nevada LLC

Filing 30

ORDER Denying without prejudice 29 Stipulation FOR EXTENSION OF TIME (Third Request) re Discovery. Signed by Magistrate Judge Nancy J. Koppe on 8/10/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BUESING CORPORATION,
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Plaintiff,
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vs.
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HELIX ELECTRIC OF NEVADA, LLC, et al.,
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Defendants.
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__________________________________________)

Case No. 2:16-cv-01439-JCM-NJK
ORDER
(Docket No. 29)

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Pending before the Court is a stipulation to extend various deadlines, filed on August 9, 2017.

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Docket No. 29. That stipulation seeks to extend, inter alia, the discovery cutoff deadline that has

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already expired. See Docket No. 27 (scheduling order establishing discovery cutoff deadline of July 31,

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2017. Parties are generally required to seek relief from deadlines before they expire. See Fed. R. Civ.

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P. 6(b). With respect to discovery deadlines, in particular, parties must file a request to extend at least

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21 days before the expiration of the subject deadline for which extension is sought. See Local Rule 26-

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4; see also Docket No. 12 at 3 (stipulated discovery plan indicating that “[a]ny stipulation or motion to

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extend a deadline set forth in the discovery plan and scheduling order must be made no later than 21

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days before the subject deadline”). When a request to extend is not timely filed, a showing of excusable

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neglect must be made in addition to the typical good cause showing. See, e.g., Local Rule 26-4. In this

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instance, the pending stipulation fails to address–let alone establish–excusable neglect.

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Accordingly, the stipulation is DENIED without prejudice.

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IT IS SO ORDERED.

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DATED: August 10, 2017.

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NANCY J. KOPPE
United States Magistrate Judge