Richardson v. Oppenheimer & CO. et al

Filing 31

ORDER that the parties' Stipulation 30 is NOT APPROVED and is DENIED. The Court's Discovery Plan and Scheduling Order 29 is VACATED and discovery is STAYED during the pendency of Defendants' Motion to Dismiss. Counsel shall meet a nd confer and submit a proposed discovery plan and scheduling order within 14 days of decision of the pending motion to dismiss with respect to any claims that survive. Signed by Magistrate Judge Peggy A. Leen on 5/24/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WILLIAM A. RICHARDSON,

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Plaintiff,
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vs.
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OPPENHEIMER HOLDINGS, INC., et al.,
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Defendants. )
__________________________________________)

Case No. 2:11-cv-02078-GMN-PAL
ORDER

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Before the court is the parties’ Stipulation and Proposed Order to Extend Discovery and Other

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Deadlines (Dkt. #30). The Complaint (Dkt. #1) in this case was filed December 22, 2011. Defendants

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filed a Motion to Dismiss (Dkt. #18) March 26, 2012. On May 17, 2012, the court entered a Discovery

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Plan and Scheduling Order (Dkt. #29) when the parties had not submitted one as required by LR 26-1.

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In the current stipulation, the parties advise the court that this is an action brought pursuant to the

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Private Securities Litigation Reform Act (“PSLRA”). As such, it is subject to a stay pursuant to 15

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U.S.C. § 78u-4(b)(3)(B) during the pendency of a motion to dismiss. The current stipulation requests

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that an extension of the existing discovery plan and scheduling order deadlines entered by the court. As

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the parties do not intend to conduct discovery and agree the case should be stayed pending decision of

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the motion to dismiss, the court will deny the request, but vacate the original scheduling order, and

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require the parties to submit a proposed discovery plan and scheduling order within 14 days of decision

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of the pending motion to dismiss as to any claims which survive.

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IT IS ORDERED that:

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1.

The parties’ Stipulation (Dkt. #30) is NOT APPROVED and is DENIED.

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2.

The court’s Discovery Plan and Scheduling Order (Dkt. #29) is VACATED and

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discovery is STAYED during the pendency of Defendants’ Motion to Dismiss.

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3.

Counsel shall meet and confer and submit a proposed discovery plan and scheduling

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order within 14 days of decision of the pending motion to dismiss with respect to any

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claims that survive.

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Dated this 24th day of May, 2012.

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______________________________________
Peggy A. Leen
United States Magistrate Judge

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