Byrd Underground, LLC v. Automatic Data Processing, Inc.

Opinion

3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 BYRD UNDERGROUND, LLC, Case No. 2:22-cv-01329-CDS-NJK

8 Plaintiff(s), ORDER

9 v. [Docket No. 57]

10 AUTOMATIC DATA PROCESSING, INC., 11 Defendant(s). 12 Pending before the Court is a stipulation to extend case management deadlines by 90 days. 13 Docket No. 57. 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, 610 (9th Cir. 1992). The required showing 18 of diligence is measured by the conduct displayed throughout the entire period of time already 19 allowed. See, e.g., Muniz v. United Parcel Serv., Inc., 731 F. Supp. 2d 961, 967 (N.D. Cal. 2010). 20 “When a request to extend case management deadlines is made by stipulation, courts may consider 21 the joint nature of the request in deciding whether the circumstances warrant an amendment to the 22 scheduling order. Nonetheless, courts addressing such requests are deciding at bottom whether to 23 modify their own orders, an issue that need not be based necessarily on the promptings of the 24 parties.” Williams v. James River Grp., 627 F. Supp. 3d 1172, 1178 (D. Nev. 2022). 25 The instant stipulation proffers a few different reasons for the requested extension, of 26 varying persuasiveness, ranging from the need to resolve certain discovery disputes to the 27 pendency of a motion to dismiss. See, e.g., Docket No. 57 at 4, 5. The circumstances presented 28 1] warrant an extension, but not one spanning three months.! Instead, the Court will allow a 30-day extension to the case management deadlines. 3 Accordingly, the stipulation to extend case management deadlines is GRANTED in part 4 and DENIED in part. Deadlines are RESET as follows: 5 e Amend pleadings/ add parties: closed 6 e Initial experts: October 13, 2023 7 e Rebuttal experts: November 12, 2023 8 e Discovery cutoff: December 12, 2023 9 e Dispositive motions: January 11, 2024 10 e Joint proposed pretrial order: February 13, 2024, or 30 days after resolution of 11 dispositive motions 12 IT IS SO ORDERED. 13 Dated: September 11, 2023 . 14 7 a — Nancy J. Koppe 15 United StatésMagistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27), ——__________ ' To be crystal clear, the pendency of a motion to dismiss does not justify a delay of 28] discovery. Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 601 (D. Nev. 2011).