Kelly v. Las Vegas Metropolitan Police Department et al

Filing 30

ORDER Denying without prejudice 29 Proposed Discovery Plan and Scheduling Order. Signed by Magistrate Judge Carl W. Hoffman on 3/5/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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GREGORY KELLY,
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Plaintiff,
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vs.
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LAS VEGAS METROPOLITAN
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POLICE DEPARTMENT, et al.,
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Defendants.
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__________________________________________)

Case No. 2:12-cv-02074-LRH-CWH
ORDER

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This matter is before the Court on Plaintiff’s Discovery Plan and Scheduling Order (#29),
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filed March 4, 2013.
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Plaintiff’s proposed discovery plan does not comply with Local Rule 26-1(d), which
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requires a plaintiff to initiate the Rule 26(f) conference “within thirty (30) days after the first
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defendant answers or otherwise appears.” The parties are required to submit a stipulated discovery
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plan and scheduling order within fourteen days after the Rule 26(f) conference. LR 26-1(d). A
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pending dispositive motion is not, standing alone, sufficient to curtail or limit the requirement that
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parties participate in a Rule 26(f) conference. See Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597,
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600-01 (D. Nev. 2011) (“The Federal Rules of Civil Procedure do not provide for automatic or
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blanket stays of discovery when a potentially dispositive motion is pending.”). Plaintiff is
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instructed to initiate the Rule 26(f) conference. The parties are reminded that the failure “to
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participate in good faith in developing and submitting a proposed discovery plan” may result in
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sanctions. See Fed. R. Civ. P. 37(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 Plaintiff’s Discovery Plan and Scheduling

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Order (#29) is denied without prejudice.
DATED this 5th day of March, 2013.

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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