Solis v. Westgate Resorts, Inc.
Solis v. Westgate Resorts, Inc.
Trial Court Opinion
1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 MELISSA SOLIS, 7 Case No. 2:22-cv-00691-RFB-NJK Plaintiff, 8 ORDER v. 9 [Docket No. 25] WESTGATE LAS VEGAS RESORT, LLC, 10 Defendant. 11 12 Pending before the Court is the parties’ stipulation to extend discovery deadlines. Docket 13 No. 25. 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, 975F.2d at 609 (internal citation omitted). 24 Here the parties have not demonstrated diligence. The Court has granted two previous 25 discovery extensions in this case. Docket Nos. 20, 24. Nearly all the discovery that the parties 26 previously submitted needed to be completed remains uncompleted. Compare Docket No. 23 at 27 3 with Docket No. 25 at 3-4. The parties, therefore, have not been diligent in conducting 28 discovery. Further, the Court’s previous order granting a discovery extension warned that “No 1} further extensions will be granted.” Docket No. 24 at 5. The parties have not provided any reason for the Court to deviate from its previous order and the Court declines to do so now. 3 Accordingly, the parties’ stipulation to extend discovery deadlines is DENIED without prejudice. Docket No. 25. 5 IT IS SO ORDERED. 6 Dated: June 15, 2023
Nancy J. Keppe 8 United States. Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
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