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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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TAMARES LAS VEGAS PROPERTIES, et al.,

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Plaintiff(s),
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vs.
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THE TRAVELERS INDEMNITY COMPANY,
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Defendant(s).
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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.

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Plaintiffs ask the Court to amend the scheduling order to include a December 4, 2017 deadline

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for their expert disclosure. Docket No. 26 at 5. Plaintiffs submit that, when the parties requested the

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extension of discovery deadlines, their attorney mistakenly failed to notice that this date was not

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included. Id. Defendant submits that Plaintiffs knew that their expert disclosure deadline was not part

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of the stipulation to extend discovery deadlines, and asks the Court to award attorneys’ fees for

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responding to Plaintiffs’ motion. See Docket No. 27. Defendant also asks the Court, without citation

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to any authority, to extend “the current deadlines” by 30 days. Id. at 14.

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A party seeking to amend discovery deadlines must file a motion to do so no later than 21 days

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before the expiration of the deadline. See Local Rule 26-4. If the motion is filed within 21 days of the

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deadline, the party must demonstrate “good cause.” See id.; see also Johnson v. Mammoth Recreations,

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Inc., 975 F.2d 604, 608-09 (9th Cir. 1992). A motion filed after the expiration of the deadline will be

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granted only if “the movant also demonstrates that the failure to act was the result of excusable neglect.”

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See Fed. R. Civ. P. 6(b)(1)(B); see also Local Rule 26-4.

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The Court finds that Plaintiffs have met the appropriate standards and, therefore, the motion is

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hereby GRANTED. Docket No. 26. Plaintiffs’ expert disclosure deadline is extended to December 4,

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2017. Defendant’s requests for attorneys’ fees and extension of other deadlines is hereby DENIED.

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IT IS SO ORDERED.

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DATED: October 18, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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