Minelab Americas, Inc. v. UKR Trade, Inc. et al
Filing
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ORDER Denying 25 Plaintiff's Proposed Discovery Plan/Scheduling Order as premature. Signed by Magistrate Judge Nancy J. Koppe on 03/29/2013. (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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MINELABS AMERICAS, INC.,
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Plaintiff(s),
vs.
UKR TRADE, INC., et al.,
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Defendant(s).
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Case No. 2:12-cv-00827-GMN-NJK
ORDER DENYING PROPOSED
DISCOVERY PLAN AS PREMATURE
(Docket No. 25)
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Pending before the Court is the parties’ proposed discovery plan (Docket No. 25), which is
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hereby DENIED as premature. The requirement to file a discovery plan is triggered when the first
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defendant “answers or otherwise appears.” See Local Rules 26-1(d), 26-1(e). To date, no answers
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have been filed. Defendants UKR Trade, Inc. and Pavlenko have filed a motion to dismiss. See
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Docket No. 12.1 While other types of motions to dismiss may trigger the discovery deadlines in the
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Local Rules, a motion to dismiss for lack of personal jurisdiction is a special appearance limited to
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challenging personal jurisdiction. See, e.g., Gerber v. Riordon, 649 F.3d 514, 520 (6th Cir. 2011).
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As such, there has been no appearance for purposes of Local Rule 26-1(d) and 26-1(3), and the
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proposed discovery plan is premature.2
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IT IS SO ORDERED.
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DATED: March 29, 2013
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______________________________________
NANCY J. KOPPE
United States Magistrate Judge
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Judge Navarro has denied that motion with leave to re-file subject to jurisdictional discovery.
Docket No. 26. The parties shall commence the jurisdictional discovery forthwith.
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The Court appreciates the parties’ efforts to ensure compliance with the Local Rules by filing
the discovery plan in an abundance of caution.
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