Tamares Las Vegas Properties, LLC et al v. Travelers Indemnity Company

Filing 30

ORDER Granting 26 Motion to Amend Scheduling Order. Plaintiffs' expert disclosure deadline is extended to 12/4/17. Defendant's requests for attorneys' fees and extension of other deadlines is hereby DENIED. Signed by Magistrate Judge Nancy J. Koppe on 10/18/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 TAMARES LAS VEGAS PROPERTIES, et al., 11 Plaintiff(s), 12 vs. 13 THE TRAVELERS INDEMNITY COMPANY, 14 Defendant(s). 15 16 17 ) ) ) ) ) ) ) ) ) ) ) Case No. 2:16-cv-002933-JAD-NJK ORDER (Docket No. 26) Pending before the Court is Plaintiffs’ motion to amend scheduling order. Docket No. 26. Defendant filed a response in opposition. Docket No. 27. Plaintiffs filed a reply. Docket No. 29. 18 Plaintiffs ask the Court to amend the scheduling order to include a December 4, 2017 deadline 19 for their expert disclosure. Docket No. 26 at 5. Plaintiffs submit that, when the parties requested the 20 extension of discovery deadlines, their attorney mistakenly failed to notice that this date was not 21 included. Id. Defendant submits that Plaintiffs knew that their expert disclosure deadline was not part 22 of the stipulation to extend discovery deadlines, and asks the Court to award attorneys’ fees for 23 responding to Plaintiffs’ motion. See Docket No. 27. Defendant also asks the Court, without citation 24 to any authority, to extend “the current deadlines” by 30 days. Id. at 14. 25 A party seeking to amend discovery deadlines must file a motion to do so no later than 21 days 26 before the expiration of the deadline. See Local Rule 26-4. If the motion is filed within 21 days of the 27 deadline, the party must demonstrate “good cause.” See id.; see also Johnson v. Mammoth Recreations, 28 Inc., 975 F.2d 604, 608-09 (9th Cir. 1992). A motion filed after the expiration of the deadline will be 1 granted only if “the movant also demonstrates that the failure to act was the result of excusable neglect.” 2 See Fed. R. Civ. P. 6(b)(1)(B); see also Local Rule 26-4. 3 The Court finds that Plaintiffs have met the appropriate standards and, therefore, the motion is 4 hereby GRANTED. Docket No. 26. Plaintiffs’ expert disclosure deadline is extended to December 4, 5 2017. Defendant’s requests for attorneys’ fees and extension of other deadlines is hereby DENIED. 6 IT IS SO ORDERED. 7 DATED: October 18, 2017 8 9 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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