Tahoe Regional Planning Agency v. Mountain Addiction, LLC ( 2021 )

1 JOHN L. MARSHALL (Cal. Bar No. 145570) TAHOE REGIONAL PLANNING AGENCY 2 128 Market Street Stateline Nevada, 89449 3 Tel: (775) 303-4882 jmarshall@trpa.gov 4 MARSHA A. BURCH (Cal. Bar No. 170298) 5 LAW OFFICE OF MARSHA A. BURCH 131 S. Auburn Street Grass Valley, CA 95945 6 Tel: (530) 272-8411 mburchlaw@gmail.com 7 Attorneys for Plaintiff 8 Tahoe Regional Planning Agency 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 TAHOE REGIONAL PLANNING AGENCY, ) Case No. 2:20-cv-00945-TLN-KJN ) 13 Plaintiff, ) ) 14 vs. ) STIPULATION AND ORDER TO ) MODIFY SCHEDULING ORDER 15 MOUNTAIN ADDICTION LLC, JUSTIN ) SHEAF, ) 16 ) Judge: Honorable Troy L. Nunley Defendants. ) 17 ) ) 18 ) 19 20 Pursuant to Local Rule 143 the parties stipulate and ask the Court to Order that the 21 scheduling order entered on May 8, 2020 (Dkt. No. 3)1 be modified by extending the discovery 22 23 1 “Dkt. No.” refers to the docket number entry for the Court’s electronic filing system. 24 1 and dispositive motions deadlines by an additional 30 days, to August 19, 2021, and February 2 17, 2022, respectively. 3 “The district court is given broad discretion in supervising the pretrial phase of 4 litigation.” Johnson v. Mammoth Recreations, Inc. (9th Cir. 1992) 975 F.2d 604, 607 (citation 5 and internal quotation marks omitted). Rule 16(b) provides that “[a] schedule may be modified 6 only for good cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). “The schedule may 7 be modified ‘if it cannot reasonably be met despite the diligence of the party seeking the 8 extension.’” Zivkovic v. Southern California Edison Co. (9th Cir. 2002) 302 F.3d 1080, 1087 9 (quoting Johnson, 975 F.2d at 607). 10 Good cause exists for this extension. The parties have required some additional time to 11 respond to discovery, and there has been cooperation in this regard. The parties anticipate that 12 there will be additional requests to extend deadlines with respect to the Scheduling Order entered 13 on May 8, 2020. The reason for the request of this extension and future extensions relates to the 14 pendency of the motions to dismiss filed by the Tahoe Regional Planning Agency and the 15 California Tahoe Conservancy against the third party cross-claim filed by Mountain Addiction, 16 LLC and Justin Sheaff. Dkt. Nos. 10 and 19. These motions are currently pending and the clerk 17 of the court has informed attorneys for defendants Mountain Addiction, LLC and Justin Scheaff 18 that the motions could remain under submission for potentially six months. Accordingly, the 19 parties understand that there is uncertainty as to the issues, parties, evidence and witnesses 20 involved in this action. 21 For these reasons, the parties ask the Court to extend the discovery deadline to August 22 19, 2021, and the dispositive motion deadline to February 17, 2022. 23 24 1 DATED: July 12, 2021. Respectfully submitted, TAHOE REGIONAL PLANNING AGENCY 2 By: /s/ John L. Marshall 3 Attorney for Plaintiff, 4 Tahoe Regional Planning Agency jmarshall@trpa.gov 5 DATED: July 12, 2021. Respectfully submitted, 6 LAW OFFICE OF MARSHA A. BURCH 7 By: /s/ Marsha A. Burch 8 Attorney for Plaintiff, Tahoe Regional Planning Agency 9 mburchlaw@gmail.com 10 DATED: July 12, 2021. Respectfully submitted, PORTER SIMON, 1] PROFESSIONAL CORPORATION 12 By: /s/ Lou Basile 13 Attorney for Defendants, Mountain Addiction, LLC and 14 Justin Sheaf basile@portersimon.com 15 16 IT IS SO ORDERED. The discovery deadline is extended to August 19, 2021, and the 17 || dispositive motion filing deadline is extended to February 17, 2022. 18 || Dated: July 12, 2021 / 20 —AN ZN Troy L. Nunley } 71 United States District Judge 22 23 24 STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER