D'Haenens v. Federal National Mortgage Association for Guaranteed Remic Pass-Through Certificates Fannie Mae Remic Trust 2006-2 et al
Filing
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ORDER Granting 27 Plaintiff's Notice of Motion and Motion for Clarification for Decision Dated December 1, 2011. Signed by Magistrate Judge George Foley, Jr on 1/20/12. (Copies have been distributed pursuant to the NEF - EDS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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BRANDON M. D’HAENENS,
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Plaintiffs,
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vs.
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FEDERAL NATIONAL MORTGAGE
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ASSOCIATION, et al.,
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Defendants. )
__________________________________________)
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Case No. 2:11-cv-01432-GMN-GWF
ORDER
Motion for Clarification for Decision
Dated December 2, 2011 (#27)
This matter comes before the Court on Plaintiff’s Notice of Motion and Motion for Clarification
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for Decision Dated December 1, 2012 (#27), filed on December 19, 2011; Defendants’ Opposition to
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Plaintiff’s Motion for Clarification for Decision Dated December 1, 2011 (#28), filed on January 5,
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2012; and Plaintiff’s Reply to Response to Motion for Clarification (#29), filed on January 17, 2012.
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Plaintiff is requesting that the Court clarify its Order (#25), which found Plaintiff’s Motion to Compel
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(#22) improper and further ordered it be stricken from the docket.
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In seeking clarification, Plaintiff reiterates the arguments he made in his Motion to Compel.
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The Court did not previously address the arguments set forth by Plaintiff in his Motion to Compel and
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will not address them here. The Court denied Plaintiff’s motion because the motion was procedurally
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improper. Civil cases are governed by the Federal Rules of Civil Procedure and the Local Rules of
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Practice for the District of Nevada. The Rules mandate that a party must follow certain steps prior to
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bringing a motion to compel before the Court. Some of those steps include holding a Rule 26(f)
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conference, properly serving the discovery request on the opposing party and meeting and conferring
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with the party upon their failure to provide the requested documents. See Fed. R. Civ. P. 26, 33, 34,
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and LR 26. Plaintiff’s Motion to Compel failed to follow those steps and therefore the Court found that
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it was procedurally improper and struck it from the docket.
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Upon review of the docket, it appears that neither party has submitted a discovery plan and
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scheduling order for the Court’s review. LR 26-1 requires that within 30 days of the first defendant’s
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answer, the parties must schedule a Fed. R. Civ. P. 26(f) conference, and within 14 days after the 26(f)
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conference, the parties must file a stipulated discovery plan and scheduling order with the Court.
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Defendant’s Motion to Dismiss (#4), filed on September 13, 2011, qualifies as the first answer filed.
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The parties are therefore required to hold their 26(f) conference and submit a stipulated discovery plan
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and scheduling order to the Court in accordance with LR 26-1. Accordingly,
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IT IS HEREBY ORDERED that Plaintiff’s Notice of Motion and Motion for Clarification for
Decision Dated December 1, 2011 (#27) is granted.
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DATED this 20th day of January, 2011.
2012.
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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge
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