Summary
The United States District Court for the District of Nevada denied without prejudice the parties’ stipulation to extend the deadline for disclosing initial expert witnesses. The court held that the parties had not shown the diligence and good cause required to modify the scheduling order and noted that the proposed extension would place the initial expert deadline after the rebuttal expert deadline.
Holdings
- The parties failed to show the diligence required for good cause under Rule 16(b)(4) and Local Rule 26-3, so the court denied the requested extension without prejudice.
- A joint stipulation to extend a scheduling-order deadline neither mandates the extension nor relieves the parties of the obligation to demonstrate good cause and diligence.
- The parties could not self-impose a stay of discovery in the matter.
Questions Presented
- Whether the parties demonstrated good cause and diligence sufficient to modify an unexpired scheduling-order deadline for initial expert disclosures.
- Whether the joint nature of the stipulation excused the parties from making the required showing for relief from the scheduling order.
- Whether the parties could effectively stay discovery without a court order.
Disposition
other
Cases Cited (8)
- Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992)(applied)
- Morgal v. Maricopa Cnty. Bd. of Supervisors, 284 F.R.D. 452, 460 (D. Ariz. 2012)(applied)
- Williams v. James River Grp. Inc., 627 F. Supp. 3d 1172, 1177-78 (D. Nev. 2022)(applied)
- Jackson v. Laureate, Inc., 186 F.R.D. 605, 608 (E.D. Cal. 1999)(applied)
- Sharp v. Covenant Care LLC, 288 F.R.D. 465, 467 (S.D. Cal. 2012)(applied)
- Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 601 (D. Nev. 2011)(applied)
- Desio v. State Farm Mut. Auto. Ins. Co., 339 F.R.D. 632, 641 (D. Nev. 2021)(followed)
- Janicki Logging Co. v. Mateer, 42 F.3d 561, 566 (9th Cir. 1994)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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