Knaack v. Knight Transportation, Inc.

Filing 56

ORDER denying Plaintiffs' ECF No. 55 Motion to Shorten Time. Signed by Judge Larry R. Hicks on 6/25/2018. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TERRI KNAACK, individually, and as
Administrator of the Estate of Joseph Knaack,
deceased; ANDREW KNAACK,

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***
Case No. 3:17-cv-00172-LRH-WGC
ORDER

Plaintiffs,
v.
KNIGHT TRANSPORTATION, INC.;
KNIGHT REFRIGERATED, LLC; KNIGHTSWIFT TRANSPORATION HOLDINGS,
INC.; CAROL WALKER,
Defendants.

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Plaintiffs Terri Knaack and Andrew Knaack move to shorten the briefing schedule on

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their motion to exclude the trial testimony of defendant Carol Walker. ECF No. 55. “Motions to

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shorten time will be granted only upon an attorney or party’s declaration describing the

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circumstances claimed to constitute good cause to justify shortening of time.” LR IA 6-1(d).

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The court denies plaintiffs’ motion to shorten time, finding that plaintiffs failed to show

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good cause exists. The court so finds for two reasons. First, the motion to exclude trial testimony

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could have been brought two weeks earlier—the latest point in time that Plaintiffs learned of the

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circumstances on which they rely to justify their motion. ECF No. 55, ¶ 6 (identifying June 4,

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2018 as the date on which counsel discussed the underlying issue). Second, the court will be able

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to issue a timely ruling on the motion to exclude the trial testimony of Carol Walker without

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shortening the briefing schedule.1 Trial has yet to be scheduled in this matter; December 3, 2018

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is the earliest proposed trial date, see ECF No. 53; and the proposed joint pretrial order is not due

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until September 28, 2018, see ECF No. 35. Thus, good cause does not support plaintiffs’ request

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to shorten the briefing schedule.
IT IS THEREFORE ORDERED that plaintiffs Terri Knaack and Andrew Knaack’s

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motion to shorten time (ECF No. 55) is DENIED.

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IT IS SO ORDERED.

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DATED this 25th day of June, 2018.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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The court anticipates an order will be issued before the pending expert witness deposition referenced in
plaintiffs’ motion. See ECF No. 55, ¶ 8 (listing July 23, 2018 as the scheduled date for the pending
deposition).
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