Westenberger v. Albertson's LLC

Filing 13

ORDER that 12 Stipulation to Extend is DENIED. The following discovery plan and scheduling order dates shall apply: Discovery due by 5/28/2018. Motions due by 6/27/2018. Proposed Joint Pretrial Order due by 7/27/2018. Signed by Magistrate Judge Peggy A. Leen on 2/8/2018. (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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JACKIE WESTENBERGER,

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Case No. 2:17-cv-02661-JAD-PAL
Plaintiff,

v.

ORDER

ALBERTSONS LLC,
Defendant.

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Before the court is the parties’ Stipulation and Order to Extend Discovery Deadlines (First

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Request) (ECF No. 12). The parties agree to a 90-day continuance of the existing discovery plan

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and scheduling order deadlines. The court has reviewed the parties’ stipulation and is not satisfied

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that the parties have been diligent in attempting to complete discovery within the time deemed

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presumptively reasonable under LR 26-1. The stipulation states that “[d]espite the parties’ good

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faith efforts to comply with the Court’s deadlines, both have been compromised in part by the

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amount of remaining discovery to be completed and scheduling conflicts.” This statement rings

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hollow and borders on disingenuous where, as here, the only discovery even initiated to date is

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defendant’s service of initial disclosures. The parties’ stipulation for a 90-day continuance of the

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discovery plan and scheduling order deadlines is therefore denied. The court will grant a 45-day

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extension in recognition of the parties’ civility to one another. However, the parties are advised

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that any further request for an extension will be scrutinized for a strong showing that despite the

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exercise of due diligence the parties were unable to comply with the deadlines despite the extended

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time allowed.

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IT IS ORDERED:

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1.

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discovery plan and scheduling order dates shall apply:

The parties’ Stipulation to Extend (ECF No. 12) is DENIED. The following

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a.

Last date to complete discovery: May 28, 2018.

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b.

Last date to amend pleadings and add parties: February 26, 2018.

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c.

Last date to file interim status report: March 28, 2018.

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d.

Last date to disclose experts pursuant to Fed. R. Civ. P. 26(a)(2): March

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28, 2018.

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e.

Last date to disclose rebuttal experts: April 27, 2018.

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f.

Last date to file dispositive motions: June 27, 2018.

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g.

Last date to file joint pretrial order: July 27, 2018. In the event dispositive

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motions are filed, the date for filing the joint pretrial order shall be suspended until
30 days after a decision of the dispositive motions.

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2.

The disclosures required by Fed. R. Civ. P. 26(a)(3), and any objections thereto,

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shall be included in the pretrial order.

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3.

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shall, in addition to satisfying the requirements of LR 6-1, be supported by a showing of

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good cause for the extension. All motions or stipulations to extend discovery shall be

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received no later than May 7, 2018, and shall fully comply with the requirements of LR

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26-4.

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DATED this 8th day of February, 2018.

Applications to extend any dates set by this discovery plan and scheduling order

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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