Chavez v. Petsmart LLC

District Court, D. Nevada

Chavez v. Petsmart LLC

Trial Court Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 MANUELA CHAVEZ, 7 Case No. 2:22-cv-01602-JAD-NJK Plaintiff, 8 ORDER v. 9 [Docket No. 24] PETSMART LLC, 10 Defendant. 11 12 Pending before the Court is the parties’ stipulation to extend discovery deadlines. Docket 13 No. 24. 14 A request to extend discovery deadlines must include a statement specifying the discovery 15 completed, a specific description of the discovery that remains, the reasons why the subject 16 deadline cannot be met, and a proposed schedule for completing the outstanding discovery. Local 17 Rule 26-3. The request must also be supported by a showing of good cause. Id. The good cause 18 analysis turns on whether the subject deadlines cannot reasonably be met despite the exercise of 19 diligence. Johnson v. Mammoth Recreations, Inc.,

975 F.2d 604, 609

(9th Cir. 1992). This 20 showing of diligence is measured by the movant’s conduct throughout the entire period of time 21 already allowed. CC.Mexicano.US, LLC v. Aero II Aviation, Inc.,

2015 U.S. Dist. LEXIS 169110

, 22 at *11-12 (D. Nev. Dec. 15, 2015). If diligence is not established, the Court’s inquiry should end.

23 Johnson, 975

F.2d at 609 (internal citation omitted). 24 Here the parties have not demonstrated diligence. The Court issued the scheduling order 25 on December 29, 2022. Docket No. 18. The parties submit that, in the intervening months, the 26 only discovery conducted is that, on unknown dates, the parties served interrogatories and requests 27 for production on each other. Docket No. 24 at 1. The parties further submit that an extension is 28 necessary to allow time for a review of recently obtained medical records and an independent 1} medical examination of Plaintiff. Jd. at 2. However, the parties fail to explain how just now attempting to schedule an independent medical examination constitutes diligence when this case 3), has been pending in this Court since September 21, 2022. See id. at 1-2; Docket No. 1. Such 4) minimal submission does not help the Court evaluate the parties’ diligence during the entire time 5|| allowed thus far. Therefore, the Court cannot find good cause and the inquiry ends. 6 Accordingly, the parties’ stipulation to extend discovery deadlines is DENIED without 7|| prejudice. Docket No. 24. Any subsequent stipulation must fully elaborate on what discovery 8|| has been completed thus far and fully comply with all applicable case law and the Local Rules. 9 IT IS SO ORDERED. 10 Dated: March 22, 2023 ll ‘ Son Nancy. J. Roppe 12 United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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