Summary
The United States District Court for the District of Nevada grants Defendant Louis Abin’s motion to reopen discovery for the limited purpose of taking or completing identified depositions. The court finds sufficient diligence and little prejudice or disruption, and sets a limited discovery cutoff of February 25, 2026, while noting that the existing dispositive-motion deadline remains March 27, 2026.
Topics
Practice areas
Questions Presented
- Whether defendant established good cause and diligence sufficient to modify the scheduling order and reopen discovery after the discovery cutoff.
- Whether defendant established excusable neglect for seeking relief after the discovery deadline expired.
- Whether the court should reopen discovery for the limited purpose of taking or completing the identified depositions.
Holdings
- The court held that defendant demonstrated sufficient diligence and good cause to reopen discovery in the unique circumstances of the case.
- The court held that the circumstances supported excusable neglect and favored reopening discovery.
Key quotations
“A request to extend deadlines in the scheduling order must be premised on a showing of good cause.” (at 1)
“The diligence obligation is ongoing.” (at 1)
“The showing of diligence is measured by the conduct displayed throughout the entire period of time already allowed.” (at 1)
“carelessness is not compatible with a finding of diligence and offers no reason for a grant of relief.” (at 1)
“In the unique circumstances of this case, the instant motion was brought with sufficient diligence.” (at 2)
Factual background
The case concerns allegedly unauthorized use of the Lotus of Siam trademark and an alleged breach of a trademark-license agreement. Defendant had noticed Penny Chutima's deposition, begun Saipin Chutima's deposition, and sought TChutima Inc.'s Rule 30(b)(6) deposition, but the discovery was not completed before the May 8, 2025 cutoff. Discovery was disrupted by litigation concerning Bua Group's ownership, party substitution, and attorney disqualification; after Lou Abin was substituted as the derivative defendant, he sought to reopen discovery.
Procedural history
The discovery cutoff expired on May 8, 2025, before several depositions and related discovery were completed. After disputes concerning ownership of former defendant Bua Group, party substitution, and attorney disqualification were resolved, Lou Abin moved to reopen discovery. The court granted the motion for the limited purpose of taking or completing identified depositions and set a limited discovery cutoff of February 25, 2026.