Desert Salon Services, Inc. v. KPSS, Inc.

Filing 19

ORDER Denying 18 Proposed Discovery Plan/Scheduling Order. Signed by Magistrate Judge Nancy J. Koppe on 4/9/13. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DESERT SALON SERVICES, INC.,
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Plaintiff(s),
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vs.
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KAO USA INC., et al.,
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Defendant(s).
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__________________________________________)

Case No. 2:12-cv-01886-JCM-NJK
ORDER DENYING DISCOVERY PLAN
(Docket No. 18)

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Pending before the Court is the parties’ proposed discovery plan (Docket No. 18), which is

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hereby DENIED. The parties shall submit a revised discovery plan, no later than April 11, 2013, that

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includes the correct standard for requests for extension pursuant to Local Rule 26-4; namely, that

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requests to extend discovery deadlines must be filed at least 21 days before the expiration of the subject

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deadline sought to be extended. The pending proposed discovery plan incorrectly states that dates in

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the discovery plan and scheduling order may be modified up to 20 days before the discovery cut-off.

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Although the Court is inclined to approve the deadlines set out in the parties’ proposed

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discovery plan, the Court advises counsel that the filing of the discovery plan was untimely. Defendant

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filed a partial motion to dismiss for failure to state a claim on November 13, 2013. Docket No. 5. The

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filing of a motion to dismiss does not automatically stay discovery. See, e.g., Tradebay, LLC v. eBay,

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Inc., 278 F.R.D. 597, 600 (D. Nev. 2011). As such, absent an order granting a motion to stay

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discovery, the Rule 26(f) conference was required to be held within 30 days of the filing of the motion

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to dismiss, and the stipulated discovery plan was due 14 days thereafter. See Local Rule 26-1(d). In

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the future, the Court expects counsel to comply with the deadlines set out in Local Rule 26-1(d) unless

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a stay of discovery is approved by the Court.

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IT IS SO ORDERED.

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DATED: April 9, 2013

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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