McConnell v. Estes Express Lines, Inc. ( 2023 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 JENIFRE MCCONNELL, Case No. 2:23-cv-01227-GMN-NJK 8 Plaintiff(s), Order 9 v. [Docket No. 15] 10 ESTES EXPRESS LINES, INC., 11 Defendant(s). 12 Upon the second joint discovery plan filed in this case, the Court entered a scheduling order 13 on August 14, 2023. Docket No. 12; see also Docket No. 11 (second discovery plan); Docket No. 14 9 (first discovery plan). On August 16, 2023, the parties filed a “Stipulation and [Proposed] Order 15 to Extend Discovery,” Docket No. 15, which is really a request for reconsideration of the 16 scheduling order just entered, see, e.g., id. at 3 (“If the current scheduling order stands . . .”). 17 Motions for reconsideration are disfavored, e.g., Local Rule 59-1(b), and “may not be used 18 to raise arguments or present evidence for the first time when they could reasonably have been 19 raised earlier in the litigation,” Kona Enterps., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 20 2000) (emphasis in original). 21 The instant stipulation unabashedly seeks relief from an order just entered (after already 22 having a second bite at the apple) by presenting “more detailed information” that could have been 23 provided in either of the prior two discovery plans. Docket No. 15 at 3.1 Moreover, much of the 24 reasoning in the reconsideration request could be said in almost any personal injury case. Although 25 the reconsideration standards have not been met, the Court will afford partial relief as a one-time 26 1 The local rules are plain that requests for special scheduling review require meaningful 27 explanation as to why the Court should depart from the default schedule. Local Rule 26-1(a). Why the experienced counsel in this case need three chances to explain themselves on a simple 28 matter remains unclear. The Court expects better moving forward. 1} courtesy to the parties, in that the discovery deadlines will be calculated from the removal date 2|| despite the earlier proceedings in state court, which including, inter alia, summary judgment motion practice. 4 Accordingly, the stipulation for reconsideration is GRANTED in part and DENIED in 5] part. Case management deadlines are hereby RESET as follows: 6 e Initial Disclosures: August 23, 2023 7 e Amend the pleadings/ add parties: November 2, 2023 8 e Initial experts: December 4, 2023 9 e Rebuttal experts: January 2, 2024 10 e Discovery cutoff: January 31, 2024 11 e Dispositive motions: March 1, 2024 12 e Joint proposed pretrial order: April 1, 2024, or 30 days after resolution of dispositive 13 motions 14] The parties must diligently advance discovery and take all reasonable steps to meet the deadlines 15] set forth herein. 16 IT IS SO ORDERED. 17 Dated: August 22, 2023 18 4 fe — < Nancy J. Koppe 19 United States Magistrate Judge 20 21 22 23 24 25 26 27 28