Magdalinos v. Smiths Food & Drug Centers, Inc. ( 2024 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 DIMITRIOS MAGDALINOS, 5 Case No. 2:23-cv-02125-ART-NJK Plaintiff, 6 ORDER v. 7 [Docket No. 18] SMITH’S FOOD & DRUG CENTERS, INC., 8 Defendant. 9 10 Pending before the Court is the parties’ stipulation to extend discovery deadlines by 90 11 days. Docket No. 18. 12 A request to extend discovery deadlines must include a statement specifying the discovery 13 completed, a specific description of the discovery that remains, the reasons why the subject 14 deadline cannot be met, and a proposed schedule for completing the outstanding discovery. Local 15 Rule 26-3. The request must also be supported by a showing of good cause. Id. The good cause 16 analysis turns on whether the subject deadlines cannot reasonably be met despite the exercise of 17 diligence. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). This 18 showing of diligence is measured by the movant’s conduct throughout the entire period of time 19 already allowed. CC.Mexicano.US, LLC v. Aero II Aviation, Inc., 2015 U.S. Dist. LEXIS 169110, 20 at *11-12 (D. Nev. Dec. 15, 2015). If diligence is not established, the Court’s inquiry should end. 21 Johnson, 975 F.2d at 609 (internal citation omitted). 22 Here, the parties have not demonstrated diligence. This case has been pending since 23 October 4, 2023. Docket No. 1-1. Although the parties submit that they have diligently conducted 24 discovery, the parties have completed a minimal amount of discovery thus far. See Docket No. 25 18 at 2. Such conduct does not establish diligence. Therefore, the Court cannot find good cause 26 and the inquiry ends. 27 28 1 Nonetheless, in the interest of deciding this case on its merits, the Court will extend the deadlines by 60 days. During this time, the parties must diligently conduct discovery. Accordingly, the stipulation to extend discovery deadlines is GRANTED in part. Docket No. 18. The deadlines are RESET as follows: 5 Add/Amend Pleadings: Closed 6 Initial Experts: June 24, 2024 7 Rebuttal Experts: July 26, 2024 8 Discovery Cut-Off: August 23, 2024 9 Dispositive Motions: September 23, 2024 10 Joint Pretrial Order: October 23, 2024, 30 days after the 11 resolution of dispositive motions, or 12 further Court order. 13 IT IS SO ORDERED. 14 Dated: April 9, 2024 15 jax Nancy J. Koppe 16 United States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28