Mayorga v. Ronaldo

Filing 99

ORDER granting #90 Motion to Extend Time; ORDER granting #92 Motion for Protective Order; Discovery due by 8/31/2021. Motions due by 11/1/2021. Proposed Joint Pretrial Order due by 12/1/2021. Signed by Magistrate Judge Daniel J. Albregts on 4/28/2021. (Copies have been distributed pursuant to the NEF - HAM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KATHERINE MAYORGA,

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Plaintiff,

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v.

Case No. 2:19-cv-00168-JAD-DJA
ORDER

CRISTIANO RONALDO,

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Defendant.

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This matter is before the Court on Defendant’s Motion to Extend Time (ECF No. 90),

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filed on March 31, 2021. Plaintiff filed a Response (ECF No. 95) on April 14, 2021 and

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Defendant filed a Reply (ECF No. 97) on April 21, 2021. This matter is also before the Court on

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Defendant’s Motion for Protective Order (ECF No. 92) and Sealed Document (ECF No. 93), filed

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on April 2, 2021. Plaintiff filed a Response (ECF No. 96) on April 15, 2021 and Defendant filed

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a Reply (ECF No. 98) on April 22, 2021. The Court finds these matters appropriately resolved

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without a hearing. LR 78-1.

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I.

BACKGROUND
Defendant seeks an extension of the discovery deadlines for 90 days because Plaintiff has

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delayed receipt of the remaining discovery by failing to timely provide authorizations and

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engaging in a Ninth Circuit appeal, which she later voluntarily dismissed. It bears noting that

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Plaintiff’s Response is 88 pages which is excessive for this simple issue. In general, Plaintiff

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claims that Defendant has failed to make timely disclosures and the delay in conducting discovery

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is completely Defendant’s fault. Defendant replies that since the filing of his Motion to Extend,

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Plaintiff has provided additional authorizations which should advance discovery. However,

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discovery requests to Plaintiff’s prior counsel have not been well received and the parties are

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attempting to address that dispute. The parties are also working on scheduling depositions prior

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to the close of discovery.
Defendant also requests that the Court enter a protective order to govern the exchange of

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confidential discovery documents. He represents that Plaintiff’s Counsel previously indicated

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agreement to a protective order, but is now refusing without any identifiable rationale. Defendant

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contends that a protective order is necessary because discovery documents to be exchanged

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concern attorney correspondence, medical information, and the confidential settlement

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agreement. Plaintiff responds noting that the Court previously ruled that a blanket sealing of this

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entire case is not supported at the time. She also contends that Defendant must establish a

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compelling reason to seal his initial disclosures. Defendant replies that the proper legal standard

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for a protective order is good cause. Further, the only issue left for the court to decide is

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Plaintiff’s alleged incapacity to contract; all other issues were compelled to arbitration. To

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preserve the confidentiality of the confidential settlement agreement and arbitration process,

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Defendant contends that a protective order is necessary.

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II.

DISCUSSION
Preliminarily, this is not the first time that the Court has instructed the parties to change

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the case caption and will reiterate that all future filings need to have the correct case number with

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the ending initials DJA.

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With respect to Defendant’s request for an extension of 90 days to the discovery

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deadlines, the Court finds good cause and excusable neglect supports granting it. The Court is

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mindful of resolving this case on the merits and will not deny Defendant this narrowly tailored

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opportunity to complete the discovery he contends is necessary for his defense. Defendant

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appears to have diligently attempted to complete the discovery but expended time on the Ninth

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Circuit appeal process that Plaintiff initiated, which has now been resolved. Further, it does not

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appear as though Plaintiff’s Counsel took this Court’s admonition to meet and confer very

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seriously. Plaintiff is clearly aware of the outstanding discovery but is laser focused on

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expanding the scope of this case. The Court again reminds Plaintiff’s Counsel that it expects a

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good faith meet and confer on all discovery disputes to avoid wasting valuable court resources on
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issues that can be resolved via stipulation. Plaintiff did not articulate any prejudice that would

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result to her for a mere 90 day extension and the Court cannot find any given that the trial date

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has not been set and discovery efforts by both sides are still ongoing.

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As for Defendant’s request for a protective order, the Court likewise finds it to be

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meritorious. Fed.R.Civ.P. 26(b)(1) provides for broad and liberal discovery. “Parties may obtain

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discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense.” Id.

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However, a court may limit discovery via Rule 26(c), which permits the court to issue a

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protective order to protect a party or person from annoyance, embarrassment, oppression, or

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undue burden or expense when the party establishes good cause. For good cause to exist, the

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party seeking protection bears the burden of showing specific prejudice or harm will result if no

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protective order is granted. See Beckman Indus., Inc., v. Int’l. Ins. Co., 966 F.2d 470, 476 (9th

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Cir. 1992).

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Rule 26(c) requires more than “broad allegations of harm, unsubstantiated by specific

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examples or articulated reasoning.” Id; see also Foltz v. State Farm, 331 F.3d 1122, 1130 (9th

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Cir. 2003) (citing San Jose Mercury News, Inc., v. District Court, 187 F.3d 1096, 1102 (9th Cir.

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1999) (holding that the party must make a particularized showing of good cause)). The Supreme

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Court has interpreted the language of Rule 26(c) as conferring “broad discretion on the trial court

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to decide when a protective order is appropriate and what degree of protection is required.”

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Seattle Times Co. v. Rhinehart, 467 U.S. 20, 36 (1984). Additionally, the Supreme Court has

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acknowledged that the “trial court is in the best position to weigh fairly the competing needs and

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interests of the parties affected by discovery. The unique character of the discovery process

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requires that the trial court have substantial latitude to fashion protective orders.” Id.

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This matter centers around a Settlement and Confidentiality Agreement (“SCA”) that

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contains a confidentiality provision. Plaintiff’s position that a protective order governing the

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exchange of discovery documents is not needed is not substantially justified given the nature of

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this case. Rather, she appears to confuse the sealing standard with a protective order governing

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discovery documents. As Defendant highlights, the Court has already granted sealing requests of

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confidential communications with counsel and the SCA. Moreover, the bench trial before the
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District Judge focuses on Plaintiff’s mental capacity, which naturally involves discovery into her

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medical records. The Court finds good cause to enter a protective order such that the parties can

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exchange such discovery materials without fear of disclosure. It is not making any ruling on

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future sealing requests and does not find imposing a protective order to prejudice Plaintiff in any

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way.

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III.

CONCLUSION
IT IS THEREFORE ORDERED that Defendant’s Motion to Extend Time (ECF No. 90) is

granted.
IT IS FURTHER ORDERED that the following dates shall govern discovery:

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Discovery cutoff: August 31, 2021

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Amend pleading and add parties: closed

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Expert disclosures: July 1, 2021

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Rebuttal expert disclosures: August 2, 2021

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Dispositive motions: November 1, 2021

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Joint pretrial order: December 1, 2021

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IT IS FURTHER ORDERED that Defendant’s Motion for Protective Order (ECF No. 92)

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is granted.
IT IS FURTHER ORDERED that Defendant shall filed the proposed protective order
(Exhibit A) with the Court for approval within seven days.
DATED: April 28, 2021.

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DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

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