U.S. Bank, National Association v. Antigua Maintenance Corporation et al

Filing 29

ORDER Granting in part 28 Stipulation and the Court will EXTEND the discovery cutoff to 3/14/18. The other deadlines in the scheduling order remain unchanged. Signed by Magistrate Judge Nancy J. Koppe on 2/23/2018. (Copies have been distributed pursuant to the NEF - ADR)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
U.S. BANK, NATIONAL ASSOCIATION,
11
Plaintiff(s),
12
v.
13
ANTIGUA MAINTENANCE, et al.,
14
Defendant(s).
15

)
)
)
)
)
)
)
)
)
)

Case No. 2:17-cv-01866-APG-NJK
ORDER
(Docket No. 28)

16

Discovery is set to close on February 27, 2018. Docket No. 19. On February 22, 2018, the

17

parties filed a stipulation to extend the discovery cutoff. Docket No. 28. A request to modify the

18

scheduling order must be supported by a showing of good cause. Fed. R. Civ. P. 16(b)(4); Local Rule

19

26-4. The good cause inquiry centers on the movant’s diligence and, more particularly, whether the

20

subject deadline “cannot reasonably be met despite the diligence of the party seeking the extension.”

21

Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 2000). The pending stipulation

22

indicates that a scheduling conflict required the re-noticing of East Cactus’ deposition to March 1, 2018.

23

Docket No. 28 at 3. While scant detail is provided, such reason suffices to extend the discovery cutoff

24

to March 1, 2018. The stipulation also indicates that East Cactus would like to notice U.S. Bank’s

25

deposition, but has not done so yet. See id. No showing has been made why that deposition could not

26

have been taken by the discovery cutoff had East Cactus acted with reasonable diligent. As such, good

27

cause has not been shown. Moreover, no showing has been made why the discovery cutoff must be

28

extended for 30 days to conduct that deposition, as depositions are routinely scheduled with ten-days’

1

notice or less. See, e.g., Reddy v. Precyse Solutions LLC, 2015 WL 2081429, at *3 (E.D. Cal. May 4,

2

2015) (“courts generally find that one week to ten days’ notice is reasonable” (collecting cases)).

3

In short, the stipulation fails to meet the basic standard for an extension and, furthermore,

4

provides no justification to the 30-day extension sought. Nonetheless, as a one-time courtesy to the

5

parties, the Court will GRANT the stipulation in part and EXTEND the discovery cutoff to March 14,

6

2018. The other deadlines in the scheduling order remain unchanged.

7

IT IS SO ORDERED.

8

DATED: February 23, 2018

9
10

______________________________________
NANCY J. KOPPE
United States Magistrate Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2