Martin v. Target Corporation

Filing 19

ORDER Granting 18 Renewed Stipulation to Extend Deadlines (Second Request). Discovery due by 7/3/2018. Motions due by 8/2/2018. Proposed Joint Pretrial Order due by 8/31/2018. Signed by Magistrate Judge Nancy J. Koppe on 3/5/2018. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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REBECCA MARTIN,
Plaintiff(s),
v.
TARGET CORPORATION,
Defendant(s).

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Case No. 2:17-cv-02329-APG-NJK
ORDER
(Docket No. 18)

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Pending before the Court is a renewed stipulation to extend deadlines. Docket No. 18. A

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request to modify the scheduling order must be supported by a showing of good cause. Fed. R. Civ. P.

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16(b)(4); Local Rule 26-4. The good cause inquiry centers on whether the subject deadline “cannot

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reasonably be met despite the diligence of the party seeking the extension.” Johnson v. Mammoth

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Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 2000). The Court denied the previous stipulation because

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it rested on bare assertions that Defendant is still in the process of obtaining medical records, an

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assertion that had been made verbatim in obtaining an extension months earlier. See Docket No. 17.

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The renewed stipulation purports to identify “Defendant’s efforts to obtain Plaintiff’s medical and

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employment records,” Docket No. 18 at 1 n.1., but then merely lists the medical providers from whom

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records were sought and the subset of providers who have provided records, see, e.g., id. at 2. Even

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basic information, such as when the requests were made, is missing. Most significantly, what remains

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absent from the renewed stipulation is the required showing of diligence over the last several months

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in obtaining those missing records (i.e., any action by Defendant to obtain the documents requested

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other than merely requesting them and then waiting an extended period to receive a response).

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Despite the failure show the required diligence, given that the request is presented as a

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stipulation and as a one-time courtesy to the parties,1 the Court will nonetheless GRANT the requested

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extension and SET deadlines as follows:

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Initial Experts: May 4, 2018;

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Interim status report: May 4, 2018;

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Rebuttal experts: June 4, 2018;

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Discovery cutoff: July 3, 2018;

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Dispositive motions: August 2, 2018;

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Joint proposed pretrial order: August 31, 2018, or 30 days after dispositive motions are

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resolved.

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IT IS SO ORDERED.

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DATED: March 5, 2018

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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In the event that any additional extension is requested, such request must make the required
showing of diligence sufficient to establish good cause.
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