Anderson v. Trans Union, LLC

• Court: District Court, D. Nevada
• Decided: February 8, 2023
• Docket: 2:22-cv-01214
• Status: Unknown

Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 ERIKA ANDERSON, et al., 7 Case No. 2:22-cv-01214-GMN-NJK Plaintiffs, 8 ORDER v. 9 [Docket No. 26] TRANS UNION, LLC, 10 Defendant. 11 12 Pending before the Court is the parties’ stipulation to extend discovery deadlines. Docket 13 No. 26. 14 A request to extend discovery deadlines must include a statement specifying the discovery 15 completed, a specific description of the discovery that remains, the reasons why the subject 16 deadline cannot be met, and a proposed schedule for completing the outstanding discovery. Local 17 Rule 26-3. The request must also be supported by a showing of good cause. Id. The good cause 18 analysis turns on whether the subject deadlines cannot reasonably be met despite the exercise of 19 diligence. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). This 20 showing of diligence is measured by the movant’s conduct throughout the entire period of time 21 already allowed. CC.Mexicano.US, LLC v. Aero II Aviation, Inc., 2015 U.S. Dist. LEXIS 169110, 22 at *11-12 (D. Nev. Dec. 15, 2015). If diligence is not established, the Court’s inquiry should end. 23 Johnson, 975 F.2d at 609 (internal citation omitted). If the request is being made after the 24 expiration of a subject deadline, a showing of excusable neglect is also required. Local Rule 26- 25 3. 26 Here the parties have not demonstrated diligence. The parties submit that they did not 27 conduct discovery to minimize litigation expenses pending resolution of Defendant’s motion to 28 transfer action. Docket No. 26 at 2. This conduct amounts to a self-imposed stay of discovery. 1} Any change in the discovery schedule which affects the time for completing discovery must have 2 Court approval. Fed. R. Civ. P. 29(b); see also Fed. R. Civ. P. 16(b). Here, the parties never 3], requested, and the Court never ordered, a stay of discovery. See Docket. Therefore, the Court 4 cannot find good cause and the inquiry ends. 5 Despite the parties’ lack of a proper showing, as a one-time courtesy to the parties, the 6 Court GRANTS in part the parties’ extension request. Docket No. 26. The scheduling order is 7| MODIFIED as follows: 8 Amend Pleadings: Closed 9 Initial Experts: March 13, 2023 10 Rebuttal Experts: April 12, 2023 11 Discovery Cut-Off May 12, 2023 12 Dispositive Motions: June 12, 2023 13 Joint Pretrial Order: July 11, 2023, 30 days after 14 resolution of the dispositive motions, 15 or further Court order 16 The parties must diligently conduct discovery. 17 IT IS SO ORDERED. 18 Dated: February 8, 2023 19 EF. 20 United St at M agistrate Judge 21 22 23 24 25 26 27 28