Brown v. USAA Casualty Insurance Company
Brown v. USAA Casualty Insurance Company
Trial Court Opinion
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 KIMBERLY BROWN, 8 Case No. 2:21-cv-01716-JCM-NJK Plaintiff(s), 9 Order v. 10 [Docket No. 12] USAA CASUALTY INSURANCE 11 COMPANY, 12 Defendant(s). 13 Pending before the Court is a stipulation to extend by 120 days all of the deadlines in the 14 scheduling order, except for the deadline to amend or add parties. Docket No. 12. 15 A request to extend unexpired deadlines in the scheduling order must be premised on a 16 showing of good cause. Fed. R. Civ. P. 16(b)(4); Local Rule 26-3. The good cause analysis turns 17 on whether the subject deadlines cannot reasonably be met despite the exercise of diligence. 18 Johnson v. Mammoth Recreations, Inc.,
975 F.2d 604, 609(9th Cir. 1992). 19 The instant stipulation is predicated on various pandemic-related issues, most prominently 20 that various members of counsel’s office tested positive and difficulty encountered in obtaining 21 medical records. Docket No. 12 at 2-3. While such reasoning provides good cause for an 22 extension,1 the parties do not explain why a lengthy four-month extension is warranted, 23 particularly given that the scheduling order was only entered in November (i.e., not even four 24 months ago). The Court will instead provide a two-month extension. 25 1 The initial expert disclosure deadline has already expired and, therefore, a showing of 26 excusable neglect is required to revive it. Local Rule 26-3. The stipulation does not address the excusable neglect standard. As a one-time courtesy, the Court will allow this expired deadline to 27 be revived and extended despite the failure to explicitly address the governing standard. The deadline to amend and add parties has also expired, but the stipulation does not seek relief as to 28 that deadline. See Docket No. 12 at 4. That deadline remains closed. 1 Accordingly, the stipulation for extension is GRANTED in part and DENIED in part. 2|| Deadlines are EXTENDED as follows: 3 e Amend pleadings/ add parties: closed 4 e Initial experts: March 17, 2022 5 e Rebuttal experts: April 18, 2022 6 e Discovery cutoff: May 18, 2022 7 e Dispositive motions: June 17, 2022 8 e Joint proposed pretrial order: July 18, 2022, or 30 days after resolution of dispositive 9 motions 10 IT IS SO ORDERED. 11 Dated: February 8, 2022 12 7, A . Zo, Nancy J. Kopp 13 United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
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