Neeman v. The Bank of New York, et al.,
ORDER Denying the parties' 40 Stipulation to Extend Discovery. Signed by Magistrate Judge Peggy A. Leen on 6/29/2017. (Copies have been distributed pursuant to the NEF - SLD)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JEFFREY S. NEEMAN,
Case No. 2:16-cv-02674-APG-PAL
(Stip Ext Time – ECF No. 40)
BANK OF NEW YORK MELLON, et al.,
Before the court is the parties’ Stipulation and Order to Extend Discovery (ECF No. 40).
LR 26-4 states, in pertinent part, that:
A motion or stipulation to extend any date set by the discovery plan, scheduling
order, or other order must, in addition to satisfying the requirements of LR IA 6-1,
be supported by a showing of good cause for the extension. A motion or stipulation
to extend a deadline set forth in a discovery plan must be received by the court no
later than 21 days before the expiration of the subject deadline.
In addition, a request for extension requires:
(a) A statement specifying the discovery completed;
(b) a specific description of the discovery that remains to be completed;
(c) The reasons why the deadline was not satisfied or the remaining discovery was
not completed within the time limits set by the discovery plan; and
(d) A proposed schedule for completing all remaining discovery.
The parties’ stipulation states that they have submitted “limited discovery” which is not
described on dates which are not disclosed. The only other thing the parties have done is to file a
joint initial status report. The joint status report (ECF No 28) was filed January 10, 2017 and states
that the parties “are still finalizing the pleadings” and request a scheduling conference “once the
pleadings are closed.” The parties submitted a proposed discovery plan and scheduling order
January 25, 2017 which the court approved. It set a July 10, 2017 discovery cutoff. The parties
did not request a Rule 16 scheduling conference. They now want a 4-month extension of the
discovery plan and scheduling order deadlines because they are in settlement discussions and want
to focus their time and energy on settlement discussions. The parties have apparently engaged in
little or no discovery and have made no attempt to comply with LR 26-4. For these reasons,
IT IS ORDERED that the parties’ Stipulation and Order to Extend Discovery (ECF No.
40) is DENIED.
DATED this 29th day of June, 2017.
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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