Luger v. United States of America
ORDER Granting in part and Denying in part Defendant United States of America's 42 Motion to Extend Time for Dispositive Motion and Joint Pretrial Order. The parties shall file their Proposed Joint Pretrial Order by 8/16/2019. Signed by Magistrate Judge George Foley, Jr on 7/18/2019. (Copies have been distributed pursuant to the NEF - SLD)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:17-cv-02839-GMN-GWF
UNITED STATES OF AMERICA,
This matter is before the Court on the Defendant United States of America’s Motion to
Extend Time for Dispositive Motion and Joint Pretrial Order (ECF No. 42), filed on July 12,
2019. Plaintiff filed his Response (ECF No. 44) on July 12, 2019 and Defendant filed its Reply
(ECF No. 45) on July 15, 2019.
This matter arises from allegations of negligence/medical malpractice for the care
received by Plaintiff at Loma Linda VAMC. See Complaint (ECF No. 1). On February 6, 2019,
the Court granted the parties’ stipulation to extend discovery deadlines. ECF No. 28. The
discovery cutoff deadline was extended until March 30, 2019 and the dispositive motion deadline
was extended until April 30, 2019. Defendant requests that the Court re-open and extend the
dispositive motion deadline to August 16, 2019 or, in the alternative, to extend the joint pretrial
order deadline to August 16, 2019. Defendant states that it failed to file its request for extension
because of the backup of work that occurred due to the government shutdown and the 33%
deficit in staffing at the U.S. Attorney’s Office. It argues that Plaintiff supplemented medical
record disclosures and that a dispositive motion would condense damage issues at trial. Plaintiff
argues that any further delay will prejudice Plaintiff.
A request made after the expiration of a deadline will not be granted unless the movant
demonstrates that the failure to file the motion before the deadline expired was the result of
excusable neglect. Local Rules IA 6-1. In evaluating excusable neglect, the court considers the
following factors: “(1) the danger of prejudice to the opposing party; (2) the length of the delay
and its potential impact on the proceedings; (3) the reason for the delay; and (4) whether the
movant acted in good faith.” Bateman v. U.S. Postal Service, 231 F.3d 1220, 23–24 (9th Cir.
2000) (citing Pioneer Inv. Servs. Co. v. Brunswick Assocs., 507 U.S. 380, 395 (1993)). The Court
finds that Defendant has failed to demonstrate excusable neglect and the Court, therefore, denies
its request to re-open and extend the dispositive motion deadline. The Court, however, grants
Defendant’s request to extend the joint pretrial order deadline to August 16, 2019. Accordingly,
IT IS HEREBY ORDERED that the Defendant United States of America’s Motion to
Extend Time for Dispositive Motion and Joint Pretrial Order (ECF No. 42) is granted, in part, and
denied, in part according to the provisions herein.
IT IS FURTHER ORDERED that the parties’ shall file their joint pretrial order no later
than August 16, 2019.
DATED this 18th day of July, 2019.
GEORGE FOLEY, JR.
United States Magistrate Judge
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