Wynn v. Capobianco

District Court, D. Nevada

Wynn v. Capobianco

Trial Court Opinion

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3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5

6 NATALIE WYNN, et al., Case No.: 2:24-cv-01254-JCM-NJK 7 Plaintiffs, Order 8 v. [Docket No. 20] 9 LEO CAPOBIANCO, et al.,

10 Defendants. 11 Pending before the Court is the parties’ stipulation to stay case and all discovery deadlines 12 for 30 days. Docket No. 20. 13 A request to extend unexpired deadlines in the scheduling order must be premised on a 14 showing of good cause. Fed. R. Civ. P. 16(b)(4); Local Rule 26-3. The good cause analysis turns 15 on whether the subject deadlines cannot reasonably be met despite the exercise of diligence. 16 Johnson v. Mammoth Recreations, Inc.,

975 F.2d 604, 609

(9th Cir. 1992).1 17 A request to extend case management deadlines must provide a “statement specifying the 18 discovery completed.” Local Rule 26-3. To allow the Court to make a proper determination of 19 whether the parties have been diligent throughout the discovery period, this statement must 20 include the dates on which all discovery occurred. Such information is absent here. See Docket 21 No. 20. 22 The stipulation seeks relief because “the parties are currently engaged in substantial 23 discussions about settlement…those settlement prospects will be enhanced by allowing counsel to 24 concentrate on those settlement discussions instead of requiring them to complete the pre-trial 25 work.” Docket No. 20 at 2. Settlement discussions are a common aspect of federal litigation and 26 1 That a request is jointly submitted “neither mandates allowance of the extension sought 27 nor exempts parties from making the necessary showings to justify that relief. Failure to provide such showings may result in denial of a stipulated request to extend the case management 28 deadlines.” Williams v. James River Grp. Inc.,

627 F. Supp. 3d 1172

, 1178 (D. Nev. 2022). 1} it is well-settled that the existence of such discussions is not good cause to modify the scheduling order. Williams, 627 F. Supp. 3d at 1181. The Court is not inclined to modify the case management schedule simply because settlement is being discussed. 4 Accordingly, the Court DENIES without prejudice the stipulation to stay the case management deadlines for 30 days. Docket No. 20. Any renewed request must include discussion of the pertinent considerations. 7 IT IS SO ORDERED. 8 Dated: April 17, 2025

Nancy J. Kofpe — 10 United’§ tates Magistrate Judge

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Reference

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