Jolliff v. Nevada CVS Pharmacy, LLC

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA LORA JOLIFF, Case No. 2:21-cv-00098-GMN-NJK 8 Plaintiff(s), Order v. [Docket No. 16] NEVADA CVS PHARMACY, LLC, et al., 11 Defendant(s).

12 Pending before the Court is a stipulation for a three-month extension of deadlines in the scheduling order. Docket No. 16.

14 A request to extend unexpired deadlines in the scheduling order must be premised on a showing of good cause. Fed. R. Civ. P. 16(b)(4); Local Rule 26-3. The good cause analysis turns on whether the subject deadlines cannot reasonably be met despite the exercise of diligence.

17 Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).

18 The first reason proffered for the requested extension does not establish good cause. Nearly a month ago, the Court denied Defendant’s motion for entry of a protective order because that should be a routine matter that should almost never require motion practice. Docket No. 15.1 The instant stipulation indicates that discovery has been delayed because the parties are still unable to agree to the language of a protective order. Docket No. 16 at 3. The Court will not endorse a position that a failure to cooperate or engage in standard litigation procedures constitutes good cause for an extension; such circumstances assuredly are not good cause. In addition, the parties must file a (hopefully joint) request for entry of a protective order by December 15, 2021.

1 Indeed, some judges provide sample protective orders on their court’s websites for litigant use. See, e.g., https://www.cacd.uscourts.gov/honorable-jacqueline-chooljian. ] The other reasons proffered for the requested extension are that the parties are in the 2|| process of obtaining medical records and scheduling an independent medical examination. See Docket No. 16 at 3-4. While the stipulation does not provide meaningful explanation as to how those circumstances justify a three-month extension (as opposed to a shorter one), the Court will 5] allow the extension requested with the caveat that it expects the current deadlines to be met without 6] any further extension request.

7 Accordingly, the stipulation to extend is GRANTED and deadlines are RESET as follows: 8 e Amend pleadings/ add parties: Closed 9 e Initial experts: March 30, 2022 10 e Rebuttal experts: May 2, 2022 11 e Discovery cutoff: May 30, 2022 12 e Dispositive motions: June 28, 2022 13 e Joint proposed pretrial order: July 28, 2022, or 30 days after resolution of dispositive 14 motions 15 IT IS SO ORDERED.

16 Dated: December 8, 2021 UG.

Nancy J. Koppe \ 18 United States Magistrate Judge