Herrera v. Phoenix, City of et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Alexandra Herrera,
Plaintiff,
v.
City of Phoenix, et al.,
Defendants.
No. CV-25-01360-PHX-KML
ORDER
The parties proposed, and the court adopted, September 21, 2026, as the deadline
for “commencement of lay depositions.” (Docs. 55 at 9; 56 at 2.) On September 10, 2026,
defendants sought an extension of that deadline to October 15. (Doc. 63.) Defendants’
motion explained they had made repeated efforts to schedule plaintiff’s deposition
beginning in July 2026, but plaintiff’s counsel either rejected the proposed dates or did not
respond. (Doc. 63 at 1-2.) Based on defendants’ showing of diligence leading up to the
deadline, the court granted the requested extension. (Doc. 64.)
On September 18, 2026, plaintiff filed her own motion to extend the September 21
deadline, which defendants oppose. (Docs. 66, 67.) Plaintiff’s motion argues an associate’s
recent departure from her counsel’s office delayed scheduling depositions. (Doc. 66 at 2.)
Unlike defendants’ motion, plaintiff’s motion does not identify how plaintiff has been
diligent throughout the period leading up to the deadline. The fact that plaintiff sought an
extension one business day before the deadline set for Monday, September 21, provides
some evidence that counsel may not have paid sufficient attention to this case before filing
Case 2:25-cv-01360-KML Document 71 Filed 09/25/26 Page 1 of 2

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her motion.
The present motion provides no factual basis on which the court might conclude
plaintiff has been diligent. Therefore, “the inquiry should end.” Johnson v. Mammoth
Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). Plaintiff’s request to extend the
deposition deadline is denied. The other case management deadlines remain in place.
IT IS ORDERED the Motion for Extension of Time (Doc. 66) is DENIED.
Dated this 25th day of September, 2026.
Case 2:25-cv-01360-KML Document 71 Filed 09/25/26 Page 2 of 2