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Hogue v. Smith's Food & Drug Centers, Inc.

United States District Court, D. Nevada

July 11, 2018

LANDRA HOGUE, individually, Plaintiff,
v.
SMITH'S FOOD & DRUG CENTERS, INC. dba SMITH'S, a foreign corporation; DOES I-X, and ROE CORPORATIONS I-X, inclusive, Defendants.

          TANNER LAW FIRM DAVID A. TANNER, ESQ. Attorney for Plaintiff TERESA BASSI.

          COOPER LEVENSON, P.A. JERRY S. BUSBY, ESQ. Attorneys for Defendant SMITH'S FOOD & DRUG CENTERS, INC.

          STIPULATION AND ORDER TO EXTEND DISCOVERY (THIRD REQUEST)

         1. The parties can show good cause for the delay in filing the present stipulation.

         This stipulation is submitted in accordance with LR II 26-4 as it is being filed after the expiration date of the Initial-Expert Disclosure Deadline of June 22, 2018.

         The requirements to show good cause under LR 26-4 are the same as that for the modification of the scheduling order under Fed.R.Civ.P. 16(b).[1] "The good cause standard primarily considers the diligence of the party or parties seeking the extension. If the party seeking the modification 'was not diligent, the inquiry should end' and the motion should not be granted."[2] In assessing whether good cause exists for an extension of time to complete discovery, die" Court looks to the quality and diligence of prior discovery efforts. It must weigh those efforts against the' what,' 'why,' 'when,' and 'how' of the

         Matter Not Available

         A. DISCOVERY COMPLETED TO DATE

         1. On March 16, 2017, Plaintiff filed her Complaint in the Eighth Judicial District Court.

         2. On May 18, 2017, Plaintiff served the Complaint on Defendant.

         3. On June 7, 2017, Defendant filed its Answer to Plaintiffs Complaint.

         4. On September 1, 2017, the parties conducted the NRCP 16.1 Early Case Conference in the State Court case.

         5. On October 19, 2017, Plaintiff propounded written discovery upon Defendant.

         6. On October 23, 2017, Defendant filed its Petition for Removal.

         7. On November 30, 2017, the parties submitted a Stipulated Discovery Plan and Scheduling ...


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