Connors v. Nevada Energy

Filing 6

ORDER Denying 5 Motion for Leave. Signed by Magistrate Judge Carl W. Hoffman on 9/11/12. (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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FREDRICK CONNORS,

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Plaintiff,
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vs.
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NEVADA ENERGY,
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Defendant.
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____________________________________)

Case No. 2:12-cv-01478-GMN-CWH
ORDER

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This matter is before the Court on Plaintiff’s Motion for Leave (#5), filed September 6,
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2012.
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Although unclear, it appears that Plaintiff is seeking leave to conduct discovery. The
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request will be denied. Plaintiff’s complaint was dismissed without prejudice on September 7,
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2012, for failure to state a claim upon which relief can be granted. (#3). Plaintiff was given 30
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days from that date to file an amended complaint. He has not done so. As a result, there is no
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operative complaint in this matter and discovery of any kind would be premature. Even if
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Plaintiff does file a viable amended complaint, it must still be served and the parties, after
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service, must conduct a Rule 26(f) conference prior to any discovery. See Fed. R. Civ. P. 26(d)
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(“A party may not seek discovery from any source before the parties have conferred as required
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by Rule 26(f) . . . .”).
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Based on the foregoing and good cause appearing therefore,
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IT IS HEREBY ORDERED that Plaintiff’s Motion for Leave (#5) is denied.
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DATED this 11th day of September, 2012.
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C.W. Hoffman, Jr.
United States Magistrate Judge