Opinion
2:21-cv-01429-JAD-NJK
10-29-2021
BARBARA LATAWIEC, Plaintiffs, v. WALMART, INC., Defendants.
ORDER
[DOCKET NO. 15]
Nancy J. Koppe United States Magistrate Judge
Pending before the Court is a stipulation to extend the deadlines in the scheduling order by 90 days. Docket No. 15.
A request to extend unexpired deadlines in the scheduling order must be premised on a showing of good cause. Fed.R.Civ.P. 16(b)(4); Local Rule 26-3. The good cause analysis turns on whether the subject deadlines cannot reasonably be met despite the exercise of diligence. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). A request to revive expired deadlines requires an additional showing of excusable neglect. Local Rule 26-3; see also Branch Banking & Trust Co. v. D.M.S.I., LLC, 871 F.3d 751, 764-65 (9th Cir. 2017).
The deadline to amend or add parties expired on October 19, 2021. See Docket No. 11 at 2. The stipulation does not address the excusable neglect standard, nor explain why the request could not have been filed before this deadline expired. As such, the request to reopen and extend the deadline to amend or add parties will be denied. E.g., Branch Banking, 871 F.3d at 765 (“Absent any explanation for the delay [in seeking relief], the district court acted within its discretion in concluding that Defendants' neglect was not excusable and thus in denying the motion to extend the deadline”).
With respect to the remaining deadlines, the stipulation indicates that Defendant has to date been able to disclose only truncated clips of surveillance videos and that defense counsel is in the process of trying to secure more complete videos. See Docket No. 15 at 2. The Court finds this reasoning suffices for a 30-day extension, as opposed to a 90-day extension.
To be clear, the parties are not precluded from seeking leave to amend simply because this deadline has expired. Instead, to the extent a need to amend arises in the future, the moving papers must establish a sufficient basis for modifying the scheduling order. E.g., Novotny v. Outback Steakhouse of Fla., LLC, 2017 U.S. Dist. Lexis 114672, at *2-3 (D. Nev. July 21, 2017).
Accordingly, the stipulation for extension is GRANTED in part and DENIED in part.Deadlines are hereby RESET as follows:
• Deadline amend/ add parties: Closed
• Initial experts: December 18, 2021
• Rebuttal experts: January 17, 2022
• Discovery cutoff: February 16, 2022
• Dispositive motions: March 18, 2022
• Joint proposed pretrial order: April 18, 2022, or 30 days after resolution of dispositive motions
IT IS SO ORDERED.