LV Diagnostics, LLC v. Hartford Financial Services Group, Inc. et al

Filing 35

ORDER that 33 Stipulation to Extend Dispositive Motion Deadline is DENIED. FURTHER ORDERED that 34 Motion for a Settlement Conference is DENIED. The deadline for filing dispositive motions has expired and the deadline to file the joint pretri al order is August 29, 2018. A mandatory settlement conference will be set on the court's first available date once the joint pretrial order is filed, a trial date set, and the district judge refers it for a settlement conference. Signed by Magistrate Judge Peggy A. Leen on 8/10/2018. (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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***

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LV DIAGNOSTICS, LLC,

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v.
HARTFORD
FINANCIAL
GROUP, INC., et al.,

Case No. 2:17-cv-01371-JCM-PAL
Plaintiff,

ORDER
(Stip Ext Time – ECF No. 33)
(Jt. Mot SC – ECF No. 34)

SERVICES
Defendants.

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Before the court is the parties’ untimely filed Stipulation and Proposed Order to Extend

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Dispositive Motion Deadline (ECF No. 33) filed July 26, 2018. The deadline to file dispositive

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motions expired on July 30, 2018. The stipulation was not submitted 21 days before the expiration

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of the deadline. The parties request a 90-day extension “because they are trying to resolve this

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matter with a settlement” and the additional time will allow the parties to complete a mediation or

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settlement conference without incurring additional costs.”

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On August 3, 2018 the parties filed a joint motion (ECF No. 34) requesting a settlement

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conference before a district court judge. The district judges do not conduct settlement conferences

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in this district. Most of the district judges, including Judge Mahan, automatically refer cases to the

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assigned magistrate judge for a mandatory settlement conference after dispositive motions are

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decided and the joint pretrial order is filed.

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In an Order (ECF No. 29) entered April 6, 2018 the court granted the parties’ stipulation

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(ECF No 28) requesting a third extension of the discovery plan and scheduling order deadlines

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indicating no further extension would be allowed. The third extension gave the parties until June

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28th to complete discovery, July 30, 2018 to file dispositive motions, and August 29, 2018 to file

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the joint pretrial order as the parties requested. The parties then filed an untimely stipulation

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requesting a fourth extension July 23, 2018 requesting an additional 60-day extension which the
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court denied because the court’s prior order (ECF No. 29) specifically stated that no further

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extensions would be allowed. The parties have repeatedly filed untimely stipulations to extend

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the discovery plan and scheduling order deadlines and have not shown either good cause or

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excusable neglect for failing to comply with court imposed deadlines. The stipulations and joint

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motion are therefore denied.

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The parties are free to attempt to settle the case before the deadline for filing the joint

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pretrial order. A mandatory settlement conference will be set on the court’s first available date

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once the joint pretrial order is filed.

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Having reviewed and considered the matter,

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IT IS ORDERED that:

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1. The parties’ Stipulation to Extend Dispositive Motion Deadline (ECF No. 33) is

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DENIED.

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2. The parties’ Joint Motion for a Settlement Conference (ECF No 34) is DENIED.

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3. The deadline for filing dispositive motions has expired and the deadline to file the joint

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pretrial order is August 29, 2018. A mandatory settlement conference will be set on

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the court’s first available date once the joint pretrial order is filed, a trial date set, and

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the district judge refers it for a settlement conference.

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DATED this 10th day of August, 2018.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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