Opinion
2:18-cv-00609-JCM-NJK
09-20-2021
STEVE WYNN, Plaintiff(s), v. LISA BLOOM, et al., Defendant(s).
ORDER [DOCKET NO. 85]
NANCY J. KOPPE, UNITED STATES MAGISTRATE JUDGE
Pending before the Court is the parties' stipulation to extend deadlines in the scheduling order by 90 days. Docket No. 85.
Requests to extend discovery deadlines must include a statement “specifying the discovery completed.” Local Rule 26-3(a) (emphasis added). The current stipulation identifies discovery completed through only general terms. See, e.g., Docket No. 85 at 2 (referencing “written discovery” and depositions of “six individuals”). Any future request must include a specific description of the discovery completed.
A request to extend unexpired deadlines in the scheduling order must be premised on a showing of good cause. Fed.R.Civ.P. 16(b)(4); Local Rule 26-3. The good cause analysis turns on whether the subject deadlines cannot reasonably be met despite the diligence of the party seeking the extension. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).
Good cause has not been shown for a 90-day extension. The first reason provided is that the parties are addressing privilege issues. The Court encourages counsel to work amicably to resolve their disputes, but the existence of this dispute does not justify a 50% extension of the presumptively reasonable discovery period. See Local Rule 26-1(b)(1) (setting presumptively reasonable discovery period at 180 days). The second reason provided is that counsel have been busy with other work, including taking on new clients in new cases requiring emergency motion practice. Docket No. 85 at 2-3. This reason does not provide a basis for good cause. “Of course, counsel must [ ] strive to ensure that they are not taking on a caseload beyond what they are prepared to handle within the deadlines set by the Court.” Olesczuk v. Citizens One Home Loans, 2016 U.S. Dist. Lexis 153342, at *6 n.3 (D. Nev. Nov. 4, 2016).
In short, sufficient justification has not been presented for a 90-day extension. The Court will instead provide a 45-day extension. Accordingly, the stipulation to extend is GRANTED in part and DENIED in part. Deadlines are hereby RESET as follows:
• Amend pleadings/ add parties: closed
• Initial experts: November 1, 2021
• Rebuttal experts: December 1, 2021
• Discovery cutoff: January 7, 2022
The Court will provide an extra week for the discovery cutoff so that it does not fall within the holidays.
• Dispositive motions: January 31, 2022
• Joint proposed pretrial order: March 1, 2022, or 30 days after resolution of dispositive motions
IT IS SO ORDERED.