Soriano v. State Farm Fire and Casualty Insurance Company

District Court, D. Nevada

Soriano v. State Farm Fire and Casualty Insurance Company

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3

4 NANCY SORIANO, Case No. 2:23-cv-00305-CDS-NJK 5 Plaintiff, ORDER 6 v. [Docket No. 27] 7 STATE FARM FIRE AND CASUALTY 8 INSURANCE COMPANY, 9 Defendant(s). 10 Pending before the Court is a stipulation to extend case management deadlines by 90 days. 11 Docket No. 27. 12 A request to extend unexpired deadlines in the scheduling order must be premised on a 13 showing of good cause. Fed. R. Civ. P. 16(b)(4); Local Rule 26-3. The good cause analysis turns 14 on whether the subject deadlines cannot reasonably be met despite the exercise of diligence. 15 Johnson v. Mammoth Recreations, Inc.,

975 F.2d 604, 610

(9th Cir. 1992). The required showing 16 of diligence is measured by the conduct displayed throughout the entire period of time already 17 allowed. See, e.g., Muniz v. United Parcel Serv., Inc.,

731 F. Supp. 2d 961, 967

(N.D. Cal. 2010). 18 “When a request to extend case management deadlines is made by stipulation, courts may consider 19 the joint nature of the request in deciding whether the circumstances warrant an amendment to the 20 scheduling order. Nonetheless, courts addressing such requests are deciding at bottom whether to 21 modify their own orders, an issue that need not be based necessarily on the promptings of the 22 parties.” Williams v. James River Grp.,

627 F. Supp. 3d 1172

, 1178 (D. Nev. 2022). 23 Here, the parties have not demonstrated diligence. The parties have completed minimal 24 discovery during the already lengthy discovery period and essentially none since September. See 25 Docket No. 27 at 2-3. Such minimal discovery does not constitute diligence to warrant an 26 extension of the case management deadlines. As a one-time courtesy, however, the Court will 27 extend the discovery deadlines by 45 days. The parties must act diligently in completing discovery 28 as no further extensions will be granted. ] Accordingly, the stipulation to extend case management deadlines is GRANTED in part and DENIED in part. Deadlines are RESET as follows: 3 e Amend pleadings/ add parties: closed 4 e Initial experts: closed 5 e Rebuttal experts: closed 6 e Discovery cutoff: January 22, 2024 7 e Dispositive motions: February 21, 2024 8 e Joint pretrial order: March 22, 2024, 30 days after resolution of dispositive motions, 9 or further Court order. 10 NO FURTHER EXTENSIONS WILL BE GRANTED. 11 IT IS SO ORDERED. 12 Dated: November 21, 2023 3 7 ea ~ Nancy Koppe 14 United Statés Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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