Melchor Martinez v. Duquaine

District Court, D. Nevada

Melchor Martinez v. Duquaine

Trial Court Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 CRISTOBAL MELCHOR MARTINEZ, 7 Case No. 2:23-cv-00363-JCM-NJK Plaintiff, 8 ORDER v. 9 [Docket No. 19] PHILLIP CHRISTOPHER DUQUAINE, et 10 al., 11 Defendants. 12 Pending before the Court is the parties’ stipulation to extend discovery deadlines. Docket 13 No. 19. 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. Without any additional information, the 25 parties submit that Plaintiff has provided medical record authorizations to Defendants and that the 26 parties have exchanged unspecified written discovery requests. Docket No. 19 at 2. Such a 27 minimal submission does not allow the court to evaluate the parties’ conduct during the time 28 allowed so far and the Court cannot, therefore, find that the parties have acted diligently. However, as a one-time courtesy to the parties, the Court will extend this case’s discovery 2] deadlines. Accordingly, the parties’ stipulation to extend discovery deadlines is GRANTED. 3, Docket No. 19. The scheduling order is MODIFIED as follows: 4 Initial Experts: November 29, 2023 5 Rebuttal Experts: January 29, 2024 6 Discovery Cut-Off June 6, 2024 7 Dispositive Motions: March 28, 2024 8 Joint Pretrial Order: May 30, 2024, 30 days after the 9 resolution of dispositive motions, or 10 further Court order. Given the length of the instant extension being granted, the Court is not inclined to grant any 12|| further extensions. 13 IT IS SO ORDERED. 14 Dated: August 17, 2023 15 or a Naney Jy oppe _ 16 United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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