Opinion
2:22-cv-02023-JAD-NJK
08-04-2023
ORDER
[DOCKET NOS. 19, 20, 22, 23]
NANCY J. COPPE, JUDGE
Pending before the Court are the parties' amended stipulation for leave to file third-party complaint, Docket No. 22, and amended stipulation to extend discovery deadlines, Docket No. 23.
The parties filed substantively identical stipulations that failed to comply with Local Rule IC 5-1(b). See Docket Nos. 19, 20. Those stipulations are DENIED as moot.
The parties seek leave for Defendants to file a third-party complaint in light of information discovered at Defendant Geoffrey Lunning's deposition. Docket No. 22 at 2. The parties submit that excusable neglect exists for their failure to move to file the third-party complaint prior to this case's deadline to amend the pleadings because the underlying information was not discovered until after that deadline was closed. Id. The parties fail, however, to explain why Defendants did not discover information they possessed until their own deposition. See Docket No. 22. Nonetheless, as a onetime courtesy to the parties, the Court will GRANT the parties' stipulation for leave to file third-party complaint. Docket No. 22. Defendants must promptly file and serve the third-party complaint on all relevant parties.
The parties further ask the Court to extend this case's scheduling order deadlines by 120 days. Docket No. 23 at 2. Because the Court is granting the parties' stipulation for leave to file third-party complaint, it will GRANT the parties' stipulation to extend discovery deadlines. Docket No. 22. However, in light of the 240-day discovery period already allowed, see Docket Nos. 10 (scheduling order), 13 (fust extension), NO FURTHER EXTENSIONS WILL BE GRANTED. The scheduling order is MODIFIED as follows:
Add/Amend Pleadings for the third-party case only: September 12, 2023
Initial Experts for the third-party case only: October 12, 2023
Rebuttal Experts for the third-party case only: November 13, 2023
Discovery Cut-Off for all parties: December 11, 2023
Dispositive Motions for all parties: January 10, 2024
Joint Pretrial Order: February 9, 2024, 30 days after the resolution of dispositive motions, or further Court order.
IT IS SO ORDERED.