Board of Trustees of the Employee Painters Trust v. Olympus Construction LV, Inc.

District Court, D. Nevada

Board of Trustees of the Employee Painters Trust v. Olympus Construction LV, Inc.

Trial Court Opinion

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 BOARD OF TRUSTEES OF THE 5 EMPLOYEE PAINTERS TRUST, et al., Case No. 2:24-cv-01023-APG-NJK

6 Plaintiffs, Scheduling Order

7 v. [Docket No. 44]

8 OLYMPUS CONSTRUCTION LV, INC., et al., 9 Defendants. 10 11 Pending before the Court is the parties’ joint status report and proposed scheduling order. 12 Docket No. 44. 13 On December 27, 2024, Chief United States District Judge Andrew P. Gordon ordered a 14 stay of this case pending the parties’ settlement conference. Docket No. 38. On February 4, 2025, 15 a settlement conference was held before United States Magistrate Judge Maximiliano D. 16 Couvillier, III, and the parties did not settle. Docket No. 43. Per Chief Judge Gordon’s order, the 17 stay automatically lifted after the settlement conference. Docket No. 38 at 1. 18 The parties now seek a discovery period that concludes 180 days after the submission of 19 their joint report, but fail to demonstrate why they need more time than they already had for 20 discovery prior to the entry of the stay. Further, the discovery plan seeks to reopen and extend the 21 deadline to amend pleadings which expired on November 26, 2024, a month before the stay was 22 entered. Docket No. 47 at 7; see also Docket No. 22 at 1. When a request for relief from a case 23 management deadline is made after the deadline has expired, an additional showing of excusable 24 neglect must be made. Branch Banking & Trust Co. v. DMSI, LLC,

871 F.3d 751, 764-65

(9th 25 Cir. 2017); see also Local Rule 26-3. The parties fail to mention, let alone address, the standard 26 to reopen the subject deadline. 27 28 1 Accordingly, the parties’ proposed discovery plan is DENIED. Docket No. 44. Case 2|| management deadlines will be calculated to account for the time left for discovery prior to the stay, see Docket No. 35, and are hereby SET as follows: 4 e Initial experts: March 25, 2025 5 e Rebuttal experts: April 25, 2025 6 e Discovery cutoff: May 26, 2025 7 e Dispositive motions: June 25, 2025 8 e Joint proposed pretrial order: July 25, 2025, 30 days after resolution of dispositive 9 motions, or by further Court order 10 IT IS SO ORDERED. 11 Dated: February 25, 2025

Nancy TsKoppe 13 United’States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

Status
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