Carton et al v. B&B Equities Group, LLC et al

Filing 191

ORDER Denying 186 Plaintiffs' Motion to Stay Discovery Pending Decision on the Motion to Amend as Moot. Plaintiffs shall exercise its best good-faith efforts to effect service of process of the newly added Defendants within 60 days and file p roof of service within 60 days of this order. Counsel for the Plaintiffs shall initiate a Rule 26(f) conference within 30 days of the newly added Defendants answer or first appearance, and the parties shall submit a proposed stipulated discovery plan and scheduling order within 14 days of the Rule 26(f)conference as required by LR 26-1(d). Proof of service due by 2/5/2013. Signed by Magistrate Judge Peggy A. Leen on 12/05/2012. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EDWIN CARTON, et al.,

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Plaintiffs,
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vs.
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B&B EQUITIES GROUP, LLC, et al.,
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Defendants. )
__________________________________________)

Case No. 2:11-cv-00746-RCJ-PAL
ORDER
(Mot Stay Discovery - Dkt. #186)

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Before the court is Plaintiffs’ Motion to Stay Discovery Pending Decision on the Motion to

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Amend or, in the Alternative, Motion to Extend Discovery Cut-Off Date (Dkt. #186). No opposition to

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the motion has been filed and the time for filing a response has now run.

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On November 27, 2012, the district judge entered an Order (Dkt. #187) resolving a number of

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pending motions including Plaintiffs’ motion for leave to file a second amended complaint. The motion

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was granted and the second amended complaint was filed November 27, 2012. Summons was issued as

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to newly added Defendants American General Life Insurance Company, Aviva Life and Annuity

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Company, and John Silvers on November 28, 2012.

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The motion to stay requested a stay, or in the alternative, an extension of the court’s discovery

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plan and scheduling order deadlines until the district judge decided the motion to amend the complaint

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to add additional parties. Understandably, counsel for the parties did not wish to engage in deposition

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and other discovery that would need to be redone if additional parties were added. The court will

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therefore require Plaintiffs to exercise their best efforts to serve the additional parties within 60 days,

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and require all of the parties to meet and confer to conduct a Rule 26(f) conference within 30 days of

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the newly added Defendants’ answer or first appearance.

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IT IS ORDERED that:

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Plaintiffs’ Motion to Stay Discovery Pending Decision on the Motion to Amend (Dkt.
#186) is DENIED as moot.

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Plaintiffs shall exercise its best good-faith efforts to effect service of process of the

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newly added Defendants within 60 days and file proof of service within 60 days of this

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order.

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3.

Counsel for the Plaintiffs shall initiate a Rule 26(f) conference within 30 days of the

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newly added Defendants’ answer or first appearance, and the parties shall submit a

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proposed stipulated discovery plan and scheduling order within 14 days of the Rule 26(f)

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conference as required by LR 26-1(d).
Dated this 5th day of December, 2012.

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______________________________________
Peggy A. Leen
United States Magistrate Judge

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