Castelan-Gutierrez v. Bodega Latina Corporation

Filing 22

ORDER granting in part and denying in part 21 Stipulation; Discovery due by 4/4/2018. Motions due by 5/4/2018. Proposed Joint Pretrial Order due by 6/4/2018. The deadline to amend the pleadings remains December 1, 2017. Signed by Magistrate Judge Nancy J. Koppe on 11/28/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MARIA M. CASTELAN-GUTIERREZ,

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Plaintiff(s),
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v.
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BODEGA LATINA CORPORATION,
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Defendant(s).
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Case No. 2:17-cv-01877-JAD-NJK
ORDER
(Docket No. 21)

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Pending before the Court is an amended stipulation to extend all of the deadlines in the

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scheduling order by 60 days. Docket No. 21.1 Requests to extend the deadlines set by the scheduling

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order must be supported by a showing of good cause. See, e.g., Local Rule 26-4. Good cause exists if

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

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Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 409 (9th Cir. 2000). For the reasons discussed

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below, the stipulation is GRANTED in part and DENIED in part.

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With respect to the upcoming deadline to amend the pleadings, the stipulation provides no

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reason of any kind why that deadline should be extended. Accordingly, this aspect of the stipulation is

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DENIED, and the deadline to amend the pleadings remains December 1, 2017.

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The initial stipulation was denied without prejudice for failure to establish good cause. Docket No.

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With respect to the subsequent deadlines, the parties contend that they have been unable to

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schedule Plaintiff’s deposition until mid-December and are still in the process of obtaining her medical

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records. Docket No. 21 at 4. The stipulation further indicates that there is insufficient time between that

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deposition and the current deadline for initial expert disclosures. See id. The root cause for the delays

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in this case was Plaintiff’s failure to provide a HIPAA authorization for more than three months after

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it was first requested. See id. That is not a good reason to extend deadlines. Moreover, while the

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stipulation contends that the 15-day period between Plaintiff’s deposition and the deadline for initial

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expert disclosures is insufficient, it fails to explain why the parties need an additional 60 days to

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complete expert reports. See id. As a one-time courtesy to the parties, the Court will extend the initial

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expert deadline (and subsequent deadlines) by 30 days, which will be sufficient time to prepare expert

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reports. Accordingly, this aspect of the stipulation is GRANTED in part, and deadlines are SET as

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follows:

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Initial experts: February 1, 2018

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Interim status report: February 1, 2018

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Rebuttal experts: March 5, 2018

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Discovery cutoff: April 4, 2018

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Dispositive motions: May 4, 2018

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Joint proposed pretrial order: June 4, 2018

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IT IS SO ORDERED.

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DATED: November 28, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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