Hernandez v. Baker et al

Filing 109

ORDER granting in part and denying in part 102 "Motion for Seeks From the Honorable Court Permission for Enlargement of Time to File Those Motions and Hereby Declare and State as Follows Upon." Request for extension of discovery deadlines is denied. Extension of time to file dispositive motions is granted. (Motions due by 2/15/2015.) Signed by Magistrate Judge William G. Cobb on 11/17/14. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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INGINIO HERNANDEZ,

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Plaintiff,
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vs.
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RENE BAKER, et al.
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Defendants.
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______________________________________)

3:13-cv-00083-MMD-WGC
ORDER
re: Docs. # 102, # 99

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Before the court is Plaintiff's motion entitled, "Motion for Seeks From the Honorable Court

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Permission for Enlargement of Time to File Those Motions and Hereby Declare and State as Follows

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Upon." (Doc. # 102.)1 Defendants have filed a limited opposition. (Doc. # 105.) No reply memorandum

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has been filed.

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The court interprets Plaintiff's Motion (Doc. # 102) as one wherein he seeks an enlargement of

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time to complete discovery and the deadline to file motions for summary judgment. At present, those

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two deadlines are November 17, 2014 (discovery) and December 17, 2014 (dispositive motions). (Doc.

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# 96 at 9-10.) 2

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I. Discovery Deadline

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In establishing revised deadlines for discovery, this court stated that:

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4)

Pursuant to Local Rule 26-4, an extension of the discovery

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deadline will not be allowed without a showing of good cause and any

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Refers to court's docket number.

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Defendants have a seemingly different interpretation of Plaintiff's motion. Defendants suggest, and the court does
not necessarily disagree, that Plaintiff seeks additional time to submit a reply memorandum with regard to Plaintiff's motion
lodged as Doc. # 99. This issue is addressed in Section III of this Order.

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stipulation or motion to extend the discovery deadline must be filed with

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the court at least twenty days prior to expiration of the deadline or

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extension approved by the court. Such a motion or stipulation shall

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include:

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(a)

parties as of the date of the motion or stipulation;

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A statement specifying the discovery completed by the

(b)

A specific description of the discovery which remains to

be completed;

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(c)

The reasons why such remaining discovery was not

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completed within the time limit of the existing discovery deadline or any

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subsequent extension approved by the court; and

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(d)

A proposed schedule for the completion of all remaining

discovery and any related deadlines.
(Doc. # 96 at 9:14-24.)

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Plaintiff provides no explanation as to what discovery he has completed, or what discovery he

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wants to undertake and why he has not completed that discovery to date. Plaintiff has had the almost

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unprecedented time of one year to undertake and complete discovery. (Doc. ## 33, 96.) The court is not

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inclined to extend this discovery deadline.

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Plaintiff's request for an extension of the discovery deadline is DENIED.
II. Deadline for Dispositive Motions

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The component of Plaintiff's motion which seeks an extension of time to file dispositive motions

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is GRANTED. The deadline is extended from December 17, 2014, for sixty (60) days to and including

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February 15, 2015.

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III. Extension of Time re Doc. # 99

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The court has already entered an order denying Plaintiff's motion lodged as Doc. # 99. The court

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will, however, allow Plaintiff to file a reply memorandum, not later than December 1, 2014. Plaintiff's

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reply memorandum should address both Defendants' opposition to Plaintiff's motion (Doc. # 100) and

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this court's order (Doc.# 108.) The court will review Plaintiffs' Reply memorandum and will reconsider
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its decision in a supplemental order. Plaintiff is again encouraged, however, to use simple terms to

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concisely state his position; flowery "Legalese" is not necessary and is discouraged.

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The time the parties have to file any objection to the court's order concerning Plaintiff's motion

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(Doc. # 99) is extended to fourteen days after receipt of the court's supplemental order regarding Doc.

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# 99.

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Plaintiff's motion (Doc. # 102) is GRANTED IN PART and DENIED IN PART consistent
with the terms of this order.

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The parties should be aware of the following:

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1. That they may file, pursuant to 28 U.S.C. § 636(b)(1)(A) and Rule IB 3-1 of the Local Rules

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of Practice, specific written objections to this Order within fourteen (14) days of receipt. These

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objections should be titled “Objections to Magistrate Judge's Order” and should be accompanied by

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points and authorities for consideration by the District Court.

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2. That this Order is not an appealable order and that any notice of appeal pursuant to Rule

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4(a)(1), Fed. R. App. P., should not be filed until entry of the District Court’s judgment.

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IT IS SO ORDERED.

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DATED: November 17, 2014.

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____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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