Hawkins v. American National Red Cross ( 2021 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 MELANIE HAWKINS, Case No.: 2:21-cv-00069-APG-NJK 8 Plaintiff(s), Scheduling Order 9 v. [Docket No. 10] 10 AMERICAN RED CROSS, et al., 11 Defendant(s). 12 Pending before the Court is the parties’ proposed discovery plan. Docket No. 10. 13 The presumptively reasonable discovery period is 180 days. Local Rule 26-1(b)(1). The 14 discovery plan seeks to enlarge that period by more than 50% to 275 days. See Docket No. 10 at 15 2. The reasons proffered for that request are not sufficient. First, the discovery plan notes that 16 there will be multiple depositions, including some that may involve out-of-state deponents, and a 17 Rule 35 examination. See id. No meaningful explanation has been made, however, as to why 18 those depositions and that examination cannot take place within the presumptively reasonable 19 discovery period. Second, the discovery plan states that the current pandemic “will constrain the 20 parties’ ability to complete discovery.” Id. The mere existence of pandemic-related restrictions is 21 not sufficient justification for an extended discovery period, particularly given that means exist to 22 move discovery forward with appropriate diligence notwithstanding those restrictions. E.g., 23 Herndon v. City of Henderson, ___ F. Supp. 3d ____, 2020 WL 7382766, at *8 n.14 (D. Nev. Dec. 24 16, 2020).1 25 26 1 With respect to depositions in particular, the Court reminds the parties of the potential for conducting them by remote means. See Fed. R. Civ. P. 30(b)(4); see also Swenson v. GEICO Cas. 27 Co., 336 F.R.D. 206, 210 (D. Nev. 2020) (“courts within the Ninth Circuit routinely highlight remote depositions as an effective and appropriate means to keep cases moving forward 28 notwithstanding pandemic-related restrictions”). Remote depositions may eliminate the need to travel, as well as the need to congregate in one space. See id. at 211-12. 1 In short, sufficient justification has not been advanced to enlarge the presumptively 2|| reasonable discovery period by more than 50% and the Court will set deadlines based on the default schedule. To the extent scheduling or other issues arise such that the deadlines set herein cannot be met despite reasonable diligence, a request for an extension may be filed and will be evaluated 5|| based on the showing made at that time. See Local Rule 26-3. 6 Accordingly, the discovery plan is DENIED and deadlines are instead SET as follows: 7 e Amend pleadings/ add parties: April 20, 2021 8 e Initial experts: May 20, 2021 9 e Rebuttal experts: June 18, 2021 10 e Discovery cutoff: July 19, 2021 11 e Dispositive motions: August 18, 2021 12 e Joint proposed pretrial order: September 17, 2021, or 30 days after resolution of 13 dispositive motions 14 IT IS SO ORDERED. 15 Dated: February 26, 2021 Nancy J. Koppe\ 17 United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28