United States District Court, D. Nevada
PATRICIA G. BARNES, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
NICHOLAS A. TRUTANICH United States Attorney
A. VANCE Assistant U.S. Attorney
ORDER GRANTING DEFENDANT'S MOTION TO EXTEND
DEADLINE TO DEPOSE PLAINTIFF AND FILE DISPOSITIVE MOTIONS AND
JOINT PRE-TRIAL ORDER EXPEDITED REVIEW REQUESTED THIRD
Nancy A. Berryhill, Acting Commissioner of Social Security
(“Defendant”), hereby moves for an extension of
time, until 21 days after a ruling on Plaintiff's
objections to the decision denying her motion for sanctions
and protective order (ECF No. 108), to depose Plaintiff and
file dispositive motions and the joint pre-trial order.
Patricia G. Barnes (“Plaintiff”) filed suit under
the Age Discrimination in Employment Act (“ADEA”)
and Title VII of the Civil Rights Act based on her
non-selection for one of five attorney advisor positions with
the Social Security Administration (“SSA”) in
Reno, Nevada. (ECF No. 86). On October 31, 2018, the Court
entered a scheduling order that established a discovery
cut-off deadline of April 30, 2019. (ECF No. 55 p. 2).
January 23, 2019, the Court entered an order staying the case
due to the government shutdown. (ECF Nos. 72, 74). On January
29, 2019, Defendant moved to lift the stay and sought an
amended scheduling order based on the re-opening of the
government. (ECF No. 75). On February 20, 2019, the Court
amended the scheduling order to establish a discovery cut-off
deadline of June 4, 2019. (Id.).
April 2019, Defendant issued subpoenas for Plaintiff's
employment records. (ECF No. 92). In response, Plaintiff
moved for sanctions and an emergency protective order to
quash the subpoenas. (Id.). The Court denied
Plaintiff's motion and extended the discovery cut-off
deadline to June 28, 2019 “due to the delay involved in
obtaining the information sought by [Defendant's]
subpoenas as well as being able to take Plaintiff's
deposition after receipt of the documents.” (ECF No.
109 pp. 5-7). Plaintiff has objected to, and moved to stay,
that ruling. (ECF No. 108). Plaintiff also has objected to
Defendant's re-issuance of the subpoenas on the ground
that the Court has not yet ruled on her objections to the
denial of the motion for sanctions and protective order.
(Vance Decl. ¶ 3 Exs. A, B).
CONDUCTED TO DATE
in the case is nearly complete. (Vance Decl. ¶ 5). Both
parties have exchanged interrogatories and requests for
production. (Id.). In addition, Defendant submitted
an expert report to Plaintiff and she responded with a
rebuttal report. (Id.). After the Court's denial
of Plaintiff's motion for sanctions and protective order,
Defendant reissued the subpoenas for Plaintiff's
employment records. (Id.). The only remaining
discovery that Defendant wishes to conduct is to depose
wishes to depose Plaintiff before the current discovery
cut-off deadline of June 28, 2019. Defendant anticipates,
however, that Plaintiff will decline to answer deposition
questions about her employment history. She has advised that
she does not believe defense counsel should proceed with the
subpoenas in light of her objections to the denial of her
motion for sanctions and protective order. (Vance Decl ¶
3 Exs. A, B). She has expressed that Defendant should await a
ruling from the Court on those objections before proceeding
with the subpoenas. (Id.).Defendant informed
Plaintiff that the order denying her motion for sanctions and
a protective order authorizes Defendant to proceed with the
issuance of the subpoenas. (Vance Decl ¶ 4 Exs. A, B).
Because Plaintiff likely will not answer deposition questions
about her employment history until the Court rules on her
objections, Defendant has good cause to seek an extension of
the deadlines to depose Plaintiff, and file dispositive
motions and the joint pre-trial order, until 21 days after a
ruling on her objections. See Fed. R. Civ. P.
6(b)(1)(A) (“When an act may or must be done within a
specified time, the court may, for good cause,
extend the time… with or without motion or notice if
the court acts, or if a request is made, before the original
time or its extension expires[.]”) (emphasis added).
Defendant's third request for an extension of time to
extend the scheduling order deadlines. See LR IA 6-1
(must advise of previous extensions). Currently, the
discovery cut-off deadline is June 28, 2019; the dispositive
motions deadline is August 5, 2019; and the joint pre-trial
order due date is September 9, 2019. (ECF No. 109 p. 7). This
extension request is made in good faith and not for the
purpose of delay.
reasons argued above, the Court should grant Defendant's
extension request and allow Defendant up to and including 21
days after the Court rules on Plaintiffs objections, to