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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    1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 JACKIE WESTENBERGER, 8 9 10 Case No. 2:17-cv-02661-JAD-PAL Plaintiff, v. ORDER ALBERTSONS LLC, Defendant. 11 12 Before the court is the parties’ Stipulation and Order to Extend Discovery Deadlines (First 13 Request) (ECF No. 12). The parties agree to a 90-day continuance of the existing discovery plan 14 and scheduling order deadlines. The court has reviewed the parties’ stipulation and is not satisfied 15 that the parties have been diligent in attempting to complete discovery within the time deemed 16 presumptively reasonable under LR 26-1. The stipulation states that “[d]espite the parties’ good 17 faith efforts to comply with the Court’s deadlines, both have been compromised in part by the 18 amount of remaining discovery to be completed and scheduling conflicts.” This statement rings 19 hollow and borders on disingenuous where, as here, the only discovery even initiated to date is 20 defendant’s service of initial disclosures. The parties’ stipulation for a 90-day continuance of the 21 discovery plan and scheduling order deadlines is therefore denied. The court will grant a 45-day 22 extension in recognition of the parties’ civility to one another. However, the parties are advised 23 that any further request for an extension will be scrutinized for a strong showing that despite the 24 exercise of due diligence the parties were unable to comply with the deadlines despite the extended 25 time allowed. 26 IT IS ORDERED: 27 1. 28 discovery plan and scheduling order dates shall apply: The parties’ Stipulation to Extend (ECF No. 12) is DENIED. The following 1     1 a. Last date to complete discovery: May 28, 2018. 2 b. Last date to amend pleadings and add parties: February 26, 2018. 3 c. Last date to file interim status report: March 28, 2018. 4 d. Last date to disclose experts pursuant to Fed. R. Civ. P. 26(a)(2): March 5 28, 2018. 6 e. Last date to disclose rebuttal experts: April 27, 2018. 7 f. Last date to file dispositive motions: June 27, 2018. 8 g. Last date to file joint pretrial order: July 27, 2018. In the event dispositive 9 motions are filed, the date for filing the joint pretrial order shall be suspended until 30 days after a decision of the dispositive motions. 10 11 2. The disclosures required by Fed. R. Civ. P. 26(a)(3), and any objections thereto, 12 shall be included in the pretrial order. 13 3. 14 shall, in addition to satisfying the requirements of LR 6-1, be supported by a showing of 15 good cause for the extension. All motions or stipulations to extend discovery shall be 16 received no later than May 7, 2018, and shall fully comply with the requirements of LR 17 26-4. 18 DATED this 8th day of February, 2018. Applications to extend any dates set by this discovery plan and scheduling order 19 20 PEGGY A. LEEN UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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