Wood v. Winnebago Industries, Inc.

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *

7 GORDON WOOD, Case No. 2:18-CV-1710 JCM (BNW)

8 Plaintiff(s), ORDER

9 v.

10 WINNEBAGO INDUSTRIES, INC.,

11 Defendant(s).

12 13 Presently before the court is Winnebago Industries, Inc.’s (“defendant”) motion to reopen 14 deadline for dispositive motions. (ECF No. 48). Gordon Wood (“plaintiff”) did not oppose the 15 motion, and the time to do so has passed. 16 Defendant asks the court to extend the dispositive motion deadline so it may file a motion 17 for summary judgment on plaintiff’s single remaining claim for breach of contract/warranty.1 Id. 18 Defendant acknowledges that “[s]cheduling orders . . . may only be modified upon showing of 19 good cause.” Id. at 5 (citing Fed. R. Civ. P. 16(b)(4)). Defendant argues that the factors the 20 Ninth Circuit articulated in Comm. v. Yost, 92 F.3d 814, 825 (9th Cir. 1996), warrant extending 21 the dispositive motion deadline. Id. at 5–6. 22 “The failure of an opposing party to file points and authorities in response to any motion, 23 except a motion under Fed. R. Civ. P. 56 or a motion for attorney’s fees, constitutes a consent to 24 the granting of the motion.” LR 7-2(d). Plaintiff has not opposed defendant’s motion. Thus, 25 pursuant to local rules, the motion may properly be granted on that ground alone. 26 27 28 1 The court granted partial summary judgment in defendant’s favor as to plaintiff’s NDTPA claim and a variety of other issues. (ECF No. 41). 1 The court nonetheless reviewed the substance of defendant’s motion and finds good 2 | cause to extend the dispositive motion deadline. 3 Accordingly, 4 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that defendant’s motion to 5 | reopen deadline (ECF No. 48) be, and the same hereby is, GRANTED. 6 IT IS FURTHER ORDERED that the parties may file dispositive motions on or before July 31, 2020. 8 DATED July 13, 2020. 9 MB ts 0. Atala. 10 UN?ITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

es C. Mahan District Judge _2-