Westenberger v. Albertson's LLC
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:17-cv-02661-JAD-PAL
Before the court is the parties’ Stipulation and Order to Extend Discovery Deadlines (First
Request) (ECF No. 12). The parties agree to a 90-day continuance of the existing discovery plan
and scheduling order deadlines. The court has reviewed the parties’ stipulation and is not satisfied
that the parties have been diligent in attempting to complete discovery within the time deemed
presumptively reasonable under LR 26-1. The stipulation states that “[d]espite the parties’ good
faith efforts to comply with the Court’s deadlines, both have been compromised in part by the
amount of remaining discovery to be completed and scheduling conflicts.” This statement rings
hollow and borders on disingenuous where, as here, the only discovery even initiated to date is
defendant’s service of initial disclosures. The parties’ stipulation for a 90-day continuance of the
discovery plan and scheduling order deadlines is therefore denied. The court will grant a 45-day
extension in recognition of the parties’ civility to one another. However, the parties are advised
that any further request for an extension will be scrutinized for a strong showing that despite the
exercise of due diligence the parties were unable to comply with the deadlines despite the extended
IT IS ORDERED:
discovery plan and scheduling order dates shall apply:
The parties’ Stipulation to Extend (ECF No. 12) is DENIED. The following
Last date to complete discovery: May 28, 2018.
Last date to amend pleadings and add parties: February 26, 2018.
Last date to file interim status report: March 28, 2018.
Last date to disclose experts pursuant to Fed. R. Civ. P. 26(a)(2): March
Last date to disclose rebuttal experts: April 27, 2018.
Last date to file dispositive motions: June 27, 2018.
Last date to file joint pretrial order: July 27, 2018. In the event dispositive
motions are filed, the date for filing the joint pretrial order shall be suspended until
30 days after a decision of the dispositive motions.
The disclosures required by Fed. R. Civ. P. 26(a)(3), and any objections thereto,
shall be included in the pretrial order.
shall, in addition to satisfying the requirements of LR 6-1, be supported by a showing of
good cause for the extension. All motions or stipulations to extend discovery shall be
received no later than May 7, 2018, and shall fully comply with the requirements of LR
DATED this 8th day of February, 2018.
Applications to extend any dates set by this discovery plan and scheduling order
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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