Jenkins v. Office Depot, Inc. ( 2021 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 SAMUEL JENKINS, Case No. 2:21-cv-00204-APG-NJK 8 Plaintiff, ORDER 9 v. [Docket No. 16] 10 OFFICE DEPOT, INC., 11 Defendant. 12 Pending before the Court is the parties’ stipulation to extend discovery deadlines. Docket 13 No. 16. The parties request a 60-day extension of discovery deadlines. Id. at 2–3. 14 A request to extend deadlines in the Court’s scheduling order must be supported by a 15 showing of good cause for the extension. LR 26-3; see also Johnson v. Mammoth Recreations, 16 Inc., 975 F.2d 604, 608 (9th Cir. 1992).1 The “good cause” inquiry focuses mainly on the 17 movant’s diligence. Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294–95 (9th Cir. 2000). Good 18 cause to extend a discovery deadline exists “if it cannot reasonably be met despite the diligence of 19 the party seeking the extension.” Johnson, 975 F.2d at 609. While prejudice to the opposing party 20 may also be considered, when the movant “fail[s] to show diligence, ‘the inquiry should end.’” 21 Coleman, 232 F.3d at 1295 (quoting Johnson, 975 F.2d at 609). The Court has broad discretion 22 in supervising pretrial litigation. Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1087 (9th Cir. 23 2002). 24 On March 18, 2021, the Court issued a scheduling order setting deadlines for this case. 25 Docket No. 14. The parties, however, have failed to conduct any discovery since the Court issued 26 the scheduling order. See Docket No. 16 at 1–2. Further, Defendant has not even made initial 27 1 The “good cause” standard in Local Rule 26-3 is the same as the standard governing 28 modification of the scheduling order under Fed. R. Civ. P. 16(b). 1} disclosures. See id. The parties, therefore, have failed to demonstrate the diligence required for an extension of discovery deadlines. The parties also fail to comply with the Court’s Local Rules 3] requiring a specific statement of discovery that remains to be completed. See LR 26-3(b). 4 Accordingly, the parties’ stipulation, Docket No. 16, is hereby DENIED without prejudice. 5 IT IS SO ORDERED. 6 Dated: June 4, 2021 UZ 7 fo — ge ``. 8 Unite RRS, gistrate Judge 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28