Hollingsworth v. City of North Las Vegas ( 2023 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 ANDREA HOLLINGSWORTH, et al., Case No.: 2:21-cv-02230-CDS-NJK 6 Plaintiffs, ORDER 7 v. 8 CITY OF NORTH LAS VEGAS, et al., 9 Defendants. 10 “A scheduling order is not a frivolous piece of paper, idly entered, which can be cavalierly 11 disregarded by counsel without peril.” Johnson v. Mammoth Recs., Inc., 975 F.2d 604, 610 (9th 12 Cir. 1992). As this Court recounted only a few weeks ago, “[t]he Ninth Circuit has repeatedly 13 emphasized the importance of scheduling orders . . . and has made clear that Rule 16 scheduling 14 orders must be taken seriously.” Docket No. 50 at 1. The failure to abide by the Court’s scheduling 15 order may result in the imposition of sanctions. See, e.g., Fed. R. Civ. P. 16(f)(1)(C); Local Rule 16 IA 11-8(e). 17 The parties sought an extension of the discovery period on December 5, 2023. Docket No. 18 49. The Court found that the parties failed to diligently engage in discovery as it relates to the 19 scheduling of depositions and completion of expert disclosures. Docket No. 50 at 2-3. In an effort 20 for the case to be decided on the merits, however, the Court granted a 45-day extension subject to 21 several caveats. Id. at 3. In relevant part, the Court stated that leniency will not be provided again. 22 Id. Further, the Court ordered the parties to submit a stipulated schedule containing all remaining 23 deposition dates by December 15, 2023. Id. Despite the Court’s prior order, the parties now 24 submit competing deposition schedules. See Docket Nos. 51, 52. That the parties have been 25 unable to agree to a stipulated deposition schedule immediately after the Court emphasized the 26 importance of scheduling orders and the need to diligently conduct discovery only heightens the 27 concern that stems from this conduct. See Docket No. 50 at 2-3. 28 ] The Court gives the parties one final opportunity to comply with its prior order. No later than January 8, 2024, the parties must file a joint stipulated deposition schedule that complies in 3} full with the requirements the Court set out in Docket No. 50. Failure to fully comply with the 4| order may result in sanctions. 5 IT IS SO ORDERED. 6 Dated: December 28, 2023 A. 8 Yate agistat Judge 5 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28