Allstate Insurance Co. v. Kelly Nguyen, et al.

District Court, D. Nevada

Allstate Insurance Co. v. Kelly Nguyen, et al.

Trial Court Opinion

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3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5

6 ALLSTATE INSURANCE CO., Case No. 2:25-cv-01322-JAD-NJK 7 Plaintiff, Order 8 v. [Docket No. 20] 9 KELLY NGUYEN, et al., 10 Defendants. 11 Pending before the Court is Plaintiff’s joint status report regarding the joint discovery plan 12 and scheduling order. Docket No. 20. 13 LR IA 7-1 provides that “[a]ll communications with the court must be styled as a motion, 14 stipulation, or notice, and must be filed in the court’s docket.” Further, LR IA 6-1 sets forth the 15 requirements for requests for continuance, extension of time, or order shortening time. A motion 16 to extend time “must inform the court of all previous extensions of the subject deadline the court 17 granted” and include “a statement indicating whether it is the first, second, third, etc., requested 18 extension.” LR IA 6-1. 19 The instant filing is improperly styled as a status report, though it is actually a motion to 20 extend time to file the proposed joint discovery plan and scheduling order. See Docket No. 20; 21 see also LR IA 7-1. Further, the instant filing does not state that this is the first request for an 22 extension of time. See LR IA 6-1. 23 Federal Rule of Civil Procedure 6(b)(1) authorizes the Court to grant an extension of time 24 for good cause shown. See also Local Rule 26-3. The good cause standard is “non-rigorous” and 25 “has been construed broadly across procedural and statutory contexts.” Ahanchian v. Xenon 26 Pictures, Inc.,

624 F.3d 1253

, 1259 (collecting cases). Therefore, “requests for extensions of time 27 made before the applicable deadline has passed should ‘normally ... be granted in the absence of 28 1} bad faith on the part of the party seeking relief or prejudice to the adverse party.’” Jd. (quoting 2|| Wright & Miller’s Federal Practice & Procedure § 1165 (3d ed. 2004)). 3 In the instant filing, Plaintiff submits that it has prepared the proposed scheduling order 4] and circulated it to the parties for review; however, all parties have not responded. See Docket 5] No. 20 at 1-2. Plaintiff requests a two-week extension to submit the proposed joint discovery plan 6] and scheduling order. See id. 7 Accordingly, the Court GRANTS the motion and EXTENDS the deadline to file the 8|| proposed joint discovery plan and scheduling order to December 1, 2025. The parties are 9| ORDERED to comply with the local rules in all filings to the Court. 10 IT IS SO ORDERED. 11 Dated: November 17, 2025 he. Nancy J. Koppe, * 13 United States Magistrate Judge

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Reference

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