Branch Banking and Trust Company vs Jones/Windmill, LLC, et al.

Filing 26

ORDER Denying, without prejudice, 25 Proposed Discovery Plan/Scheduling Order. FURTHER ORDERED that the parties are to file a revised Discovery Plan and Scheduling Order in compliance with LR 26-1(d), including any request for special scheduling review, within 10 days of the date of this order. Signed by Magistrate Judge George Foley, Jr on 7/27/12. (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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BRANCH BANKING AND TRUST COMPANY, )
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Plaintiff,
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vs.
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JONES/WINDMILL, LLC, et al.,
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Defendants.
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__________________________________________)

Case No. 2:12-cv-00452-JCM-GWF
ORDER

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The Court has received the parties’ Stipulated Discovery Plan and Scheduling Order (#25) filed

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July 26, 2012. The proposed Order before the Court does not comply with the requirements of LR 26-

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1. LR 26-1(e)(1) sets a period of 180 days as a presumptively reasonable amount of time in which to

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conduct discovery. The 180 days is measured from the date the first defendant answered or otherwise

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appeared. Discovery plans requesting longer than 180 days from the date the first defendant answers or

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appears require special scheduling review. Where such special scheduling review is requested, the plan

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shall state the reasons why longer or different time periods should apply. Even though the proposed

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Order does not expressly request discovery beyond 180 days, the proposed Scheduling Order before the

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Court actually requests 220 days from the date the first defendant appeared, July 2, 2012, until

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February 8, 2013. Accordingly,

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IT IS HEREBY ORDERED that the parties’ Stipulated Discovery Plan and Scheduling Order

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(#25) is denied, without prejudice.

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IT IS FURTHER ORDERED that the parties are to file a revised Discovery Plan and

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Scheduling Order in compliance with LR 26-1(d), including any request for special scheduling review,

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within ten (10) days of the date of this order.

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DATED this 27th day of July, 2012.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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