Minelab Americas, Inc. v. UKR Trade, Inc. et al

Filing 27

ORDER Denying 25 Plaintiff's Proposed Discovery Plan/Scheduling Order as premature. Signed by Magistrate Judge Nancy J. Koppe on 03/29/2013. (Copies have been distributed pursuant to the NEF - AC)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 MINELABS AMERICAS, INC., 8 9 10 Plaintiff(s), vs. UKR TRADE, INC., et al., 11 Defendant(s). ) ) ) ) ) ) ) ) ) ) Case No. 2:12-cv-00827-GMN-NJK ORDER DENYING PROPOSED DISCOVERY PLAN AS PREMATURE (Docket No. 25) 12 Pending before the Court is the parties’ proposed discovery plan (Docket No. 25), which is 13 hereby DENIED as premature. The requirement to file a discovery plan is triggered when the first 14 defendant “answers or otherwise appears.” See Local Rules 26-1(d), 26-1(e). To date, no answers 15 have been filed. Defendants UKR Trade, Inc. and Pavlenko have filed a motion to dismiss. See 16 Docket No. 12.1 While other types of motions to dismiss may trigger the discovery deadlines in the 17 Local Rules, a motion to dismiss for lack of personal jurisdiction is a special appearance limited to 18 challenging personal jurisdiction. See, e.g., Gerber v. Riordon, 649 F.3d 514, 520 (6th Cir. 2011). 19 As such, there has been no appearance for purposes of Local Rule 26-1(d) and 26-1(3), and the 20 proposed discovery plan is premature.2 21 IT IS SO ORDERED. 22 DATED: March 29, 2013 23 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 24 25 26 27 28 1 Judge Navarro has denied that motion with leave to re-file subject to jurisdictional discovery. Docket No. 26. The parties shall commence the jurisdictional discovery forthwith. 2 The Court appreciates the parties’ efforts to ensure compliance with the Local Rules by filing the discovery plan in an abundance of caution.