Federal Trade Commission v. AMG Services, Inc. et al

Filing 137

ORDER that Discovery in this matter is temporarily STAYED until further order from the Court. Brief due by 8/13/2012. Reply brief due by 8/20/2012. Discovery Hearing set for 8/23/2012 10:00 AM in LV Courtroom 3A before Magistrate Judge Cam Ferenbach.) Signed by Magistrate Judge Cam Ferenbach on 08/03/2012. (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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***

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FEDERAL TRADE COMMISSION,

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2:12-cv -00536-GMN-VCF

Plaintiff,
vs.
AMG SERVICES, INC., et al.,
Defendants.

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ORDER SETTING HEARING AND
BRIEFING REGARDING DISCOVERY
ISSUES AND TEMPORARILY STAYING
DISCOVERY
[Stipulated Discovery Plan and Scheduling Order
(#133), Motion for Protective Order (#134) and
Joinder (#136)]

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Before the court is the matter of Federal Trade Commission v. AMG Services, Inc. et al (Case

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No. 2:12-cv-00536-GMN –VCF).

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Background

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On August 1, 2012, the parties filed a Stipulated Discovery Plan and Scheduling Order (Special

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Scheduling Review Requested) (“DSPO”) (#133), in which the parties reported that they could not agree

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on appropriateness of a blanket stay of discovery while the Court considers six motions to dismiss and

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one joinder (#’s 100 & 102, 103, 104, 105, 107, 109 and 108). Also on August 1, 2012, all defendants

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except The Muir Law Firm, LLC and Timothy J. Muir, filed Defendants’ Joint Motion for a Protective

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Order Regarding All Discovery Currently Pending, Including Written Discovery Requests and

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Subpoenas Duces Tecum (#134). On August 2, 2012, Defendants The Muir Law Firm LLC, and

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Timothy J. Muir filed their Joinder to Defendants’ Joint Motion for a Protective Order Regarding All

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Discovery Currently Pending, Including Written Discovery Requests and Subpoenas Duces Tecum
(#136).

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Discussion

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The issues raised in the DSPO (#133) are inextricably intertwined with the issues raised the

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Motion for Protective Order (#134) and the Joinder (#136). Accordingly, a hearing addressing the

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DSPO (#133), the Motion for Protective Order (#134), and the Joinder (#136) is set for 10:00 AM on

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August 23, 2012, in Courtroom 3A. The court will hear arguments regarding the discovery stay

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proposed by defendants and their request for a protective order.

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Plaintiff will have until August 13, 2012, to file a single Memorandum of Points and Authorities

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in opposition to defendants’ requests for a discovery stay and protective order. Defendants will have

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until August 20, 2012, to file replies in support of these requests, one on behalf of Mr. Muir and his law

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firm and the other on behalf of the remaining defendants. Defendants are requested to avoid duplicating

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arguments in these two replies.

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All discovery is temporarily stayed in this case until the conclusion of the hearing at 10:00 AM

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on August 23, 2012, with one exception. In the DSPO (#133) the parties agreed that they would each

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make the initial disclosures required by Federal Rules of Civil Procedure 26(a)(1) by August 1, 2012.

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The obligation on each party to make initial disclosures remains in force, despite the temporary stay, as

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does the duty to supplement. See Fed. R. Civ. P. 26(e)(1).

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Accordingly,

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IT IS ORDERED that discovery in this matter is temporarily STAYED until further order from

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the court.
IT IS FURTHER ORDERED that a hearing is scheduled for August 23, 2012, at 10:00 AM in
Courtroom 3A; Briefs to be filed and served as set forth above.
DATED this 3rd day of August, 2012.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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