Aldana v. 21st Century Insurance Company
Aldana v. 21st Century Insurance Company
Trial Court Opinion
1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 CARLOS ALDANA, 6 Case No. 2:23-cv-01574-CDS-NJK Plaintiff, 7 ORDER v. 8 [Docket No. 27] 21ST CENTURY INSURANCE COMPANY, 9 Defendant. 10 11 Pending before the Court is the parties’ stipulation to extend discovery deadlines. Docket 12 No. 27. 13 A request to extend discovery deadlines must include a statement specifying the discovery 14 completed, a specific description of the discovery that remains, the reasons why the subject 15 deadline cannot be met, and a proposed schedule for completing the outstanding discovery. Local 16 Rule 26-3. The request must also be supported by a showing of good cause. Id. The good cause 17 analysis focuses on whether the subject deadlines cannot reasonably be met despite the exercise 18 of diligence. Johnson v. Mammoth Recreations, Inc.,
975 F.2d 604, 609(9th Cir. 1992). This 19 showing of diligence is measured by the movant’s conduct throughout the entire period of time 20 already allowed. CC.Mexicano.US, LLC v. Aero II Aviation, Inc.,
2015 U.S. Dist. LEXIS 169110, 21 at *11-12 (D. Nev. Dec. 15, 2015). If diligence is not established, the Court’s inquiry should end.
22 Johnson, 975F.2d at 609 (internal citation omitted). Further, if the request is being made after 23 the expiration of a subject deadline, a showing of excusable neglect is also required. Local Rule 24 26-3. 25 Here the parties have not demonstrated either good cause or excusable neglect. No 26 substantive discovery has yet been conducted. Docket No. 27 at 1. The parties seek a discovery 27 extension because of the parties’ pending motions. Id. at 2. The parties, in effect, have granted 28 themselves a stay of discovery and now request a 90-day extension. A stay of discovery can only 1}, be granted by the Court. Such conduct does not establish diligence and the Court cannot find 2|| good cause for the extension. Further, the parties seek to reopen the initial and rebuttal expert 3], disclosure deadlines. Jd. However, the parties fail to demonstrate excusable neglect. See id. 4 Accordingly, the parties’ stipulation to extend discovery deadlines is DENIED without prejudice. Docket No. 27. Any subsequent request must fully address all applicable standards and comply with this Court’s Local Rules. 7 IT IS SO ORDERED. 8 Dated: March 12, 2024 Ae. Nancy.J. Keppe 10 United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
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