DiMino v. Kleiman ( 2024 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 MARI MARGARET DIMINO, Case No. 2:24-cv-00124-JAD-NJK 8 Plaintiff(s), Order 9 v. [Docket No. 17] 10 LONNE RICHARD KLEIMAN, 11 Defendant(s). 12 Pending before the Court is a stipulation to extend the discovery cutoff by 90 days. Docket 13 No. 17. 14 A request to extend unexpired deadlines in the scheduling order must be premised on a 15 showing of good cause. Fed. R. Civ. P. 16(b)(4); Local Rule 26-3. The good cause analysis turns 16 on whether the subject deadlines cannot reasonably be met despite the exercise of diligence. 17 Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).1 18 The instant stipulation indicates that the parties have encountered difficulty in scheduling 19 Plaintiff’s medical examination before the initial expert disclosure deadline. Docket No. 17 at 2.2 20 Such reasoning does not justify a lengthy 90-day extension, particularly given that the initial expert 21 deadline remains 30 days away at this juncture and the parties have not identified the date on which 22 they have actually scheduled the medical examination. 23 24 25 1 That a request is jointly submitted “neither mandates allowance of the extension sought 26 nor exempts parties from making the necessary showings to justify that relief. Failure to provide such showings may result in denial of a stipulated request to extend the case management 27 deadlines.” Williams v. James River Grp. Inc., 627 F. Supp. 3d 1172, 1178 (D. Nev. 2022). 2 Although the stipulation seeks relief with respect to the deadline to amend or add parties, 28 no explanation is provided as to why relief from that deadline is warranted. ] Accordingly, the stipulation to extend is DENIED without prejudice. The parties must 2|) identify and schedule the first available date for the medical examination. Any renewed request for relief on this basis must identify that date and must provide articulated reasoning regarding the 4] length of extension sought. 5 IT IS SO ORDERED. 6 Dated: April 30, 2024 7 7 x S = — Nancy J. 8 United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28