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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