Iovino v. AmTrust Financial Services, Inc.

Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 CARMEN IOVINO, 6 Case No. 2:22-cv-01974-APG-NJK Plaintiff, 7 ORDER v. 8 [Docket No. 90] AM TRUST FINANCIAL SERVICES, INC., 9 et al., 10 Defendants. 11 Pending before the Court is the parties’ stipulation to extend discovery deadlines. Docket 12 No. 90. The parties request an extension of 90 days. Id. 13 A request to extend unexpired deadlines in the scheduling order must be premised on a 14 showing of good cause. Fed. R. Civ. P. 16(b)(4); Local Rule 26-3. The good cause analysis turns 15 on whether the subject deadlines cannot reasonably be met despite the exercise of diligence. 16 Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). This showing of 17 diligence is measured by the movant’s conduct throughout the entire period of time already 18 allowed. See, e.g., Muniz v. United Parcel Serv., Inc., 731 F. Supp. 2d 961, 967 (N.D. Cal. 2010). 19 If diligence is not established, the Court’s inquiry should end. Johnson, 975 F.2d at 609 (internal 20 citation omitted). 21 This case has been pending in this Court since November 28, 2022. Docket No. 1. 22 Although the presumptively reasonable discovery period is 180 days, the parties were given a 23 discovery period of 453 days. Docket No. 24. The parties were then granted an extension of 120 24 days—meaning that they have already been granted a total of 573 days of discovery. Although 25 the parties submit a more detailed recitation of discovery completed thus far, the Court nonetheless 26 finds that the parties have not diligently conducted discovery. Docket No. 90 at 2-7. The parties 27 submit that, because Defendant ANA has been a party in this case for approximately 150 days, a 28 90-day extension is warranted. Id. at 9. The Court finds this reason unpersuasive as a party who 1} enters a case after discovery has begun is entitled to all discovery provided or taken in the case. See Local Rule 26-5. Therefore, the Court cannot find good cause for the extension request and 3] the inquiry ends. 4 As a final one-time courtesy to the parties, however, the Court will grant a 60-day 5], extension. During this time, the parties must diligently conduct discovery. Accordingly, the 6] stipulation to extend discovery deadlines is GRANTED in part and DENIED in part. Docket No. 7| 90. The deadlines are RESET as follows: 8 Amend/Add Pleadings: May 29, 2024 9 Initial Expert: June 28, 2024 10 Rebuttal Expert: July 29, 2024 11 Discovery Cut-Off: August 27, 2024 12 Dispositive Motions: September 26, 2024 13 Joint Pretrial Order: October 28, 2024, 30 days after the 14 resolution of dispositive motions, or 15 further Court order. 16 No further extensions will be granted. 17 IT IS SO ORDERED. 18 Dated: March 29, 2024

Nancy J. Koppe* 20 United Sia Ke gistrate Judge 21 oO 22 23 24 25 26 27 28