Crawford v. Smith's Food and Drug Store Inc
Filing
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ORDER Denying 43 Plaintiff's Motion Requesting Ruling. IT IS FURTHER ORDERED that 44 Plaintiff's Motion Initiating Scheduling Meeting is STRICKEN. IT IS FURTHER ORDERED that a Pre-trial Discovery Conference is set for 9/7/2012 10:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Signed by Magistrate Judge George Foley, Jr on 8/24/2012. (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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MILTON O. CRAWFORD,
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Plaintiff,
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vs.
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SMITH’S FOOD AND DRUG
STORE, et. al.,
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Defendant,
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2:12-cv-00122-GMN-GWF
ORDER
Motion for Ruling (#43)
Motion Initiating Scheduling Meeting (#44)
This matter comes before the Court on Plaintiff’s Motion Requesting Ruling (#43) and
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Motion Initiating Scheduling Meeting (#44), filed on August 22, 2012. Plaintiff requests the
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Court allow him to proceed with his claim of Family Medical Leave Act (FMLA). Plaintiff
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argues that this claim was included in his Amended Complaint (#16), but the Court never
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addressed it in its Report and Recommendation (#15). The Court notes that its Report and
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Recommendation (#15) was issued on May 10, 2012. Since that time, Plaintiff has filed several
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pleadings with the Court, but has not brought his alleged FMLA claim to the Court’s attention
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until now. Defendants have already filed its Answer (#36), and the time for additional screening
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of the Amended Complaint (#16) has past. If Plaintiff wishes to assert a claim under the FMLA,
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Plaintiff needs to file a motion for leave to amend his complaint in accordance with LR 15-1 and
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Fed. R. Civ. Pro. 15.
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Plaintiff also filed a Motion Initiating Scheduling Meeting (#44). It appears Plaintiff
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believes the filing of this motion fulfills his requirement to initiate the 26(f) conference under LR
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26-1. This belief is improper. Only after the parties have met and conferred regarding discovery
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should the proposed discovery plan and scheduling order be filed with the Court. The Court will
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therefore strike Plaintiff’s motion as improper. In the interest efficiently moving this case
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forward, the Court however will conduct a pre-trial discovery conference in this case to discuss
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discovery matters with the parties. Accordingly,
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IT IS HEREBY ORDERED that Plaintiff’s Motion Requesting Ruling (#43) is denied.
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IT IS FURTHER ORDERED that Plaintiff’s Motion Initiating Scheduling Meeting
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(#44) is stricken.
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IT IS FURTHER ORDERED that a Pre-trial Discovery Conference is set for Friday,
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September 7, 2012 at 10:30 a.m. in Las Vegas Courtroom 3A before the undersigned Magistrate
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Judge.
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DATED this 24th day of August, 2012.
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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge
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