Bailey v. Desert Auto Trader, LLC

Filing 23

ORDER that 22 Proposed Discovery Plan/Scheduling Order is DENIED without prejudice. FURTHER ORDERED that Ryan Alexander file a certification with the Court no later than March 25, 2014, indicating that he has read and comprehends Local Rules 26-4 and 26-1. Moreover, the Court hereby ORDERS Mr. Alexander to promptly confer with Plaintiff, and ORDERS the parties to submit a stipulated proposed discovery plan no later than March 25, 2014. Signed by Magistrate Judge Nancy J. Koppe on 3/18/14. (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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RASHEDA S. BAILEY,

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Plaintiff(s),

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vs.

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DESERT AUTO TRADER, LLC,

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Defendant(s).

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Case No. 2:12-cv-02096-APG-NJK
ORDER DENYING PROPOSED
DISCOVERY PLAN
(Docket No. 22)

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This matter is before the Court on Defendant’s Proposed Discovery Plan and Scheduling
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Order. Docket No. 22. Because the discovery plan is deficient on several matters, it is hereby
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DENIED without prejudice.
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First, the parties are required to submit a stipulated proposed discovery plan. See Local Rule
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26-1(d). The pending discovery plan was submitted only by Defendant and provides no explanation
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why it was not submitted jointly by the parties.
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Second, the proposed discovery plan misstates Local Rule 26-4, in that it provides that
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requests to extend any deadlines in the scheduling order need only be filed 20 days before the
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discovery cut-off. See Docket No. 22 at 3. Local Rule 26-4 requires that any request to extend
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deadlines set forth in the scheduling order must be submitted at least 21 days before the subject
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deadline. For example, any request to extend the deadline for initial expert disclosures must be filed
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at least 21 days before the expiration of that deadline. Such a request filed only 20 days before the
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discovery cut-off would be untimely.
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Third, the discovery plan purports to calculate the presumptively reasonable 180-day

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discovery period from December 6, 2011, which Defendant asserts is “the date the Court ordered

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Early Neutral Evaluation in this case.” See Docket No. 22 at 2. The Court is unclear where

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Defendant derived this date, as there is no such order in this case. The discovery period must be

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calculated from the date of Defendant’s first appearance, see Local Rule 26-1(e)(1), which in this

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case was the filing of a motion to dismiss on January 18, 2014, see Docket No. 13.

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In an effort to ensure future compliance and complete understanding of the Local Rules, the

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Court hereby ORDERS Ryan Alexander to file a certification with the Court no later than March 25,

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2014, indicating that he has read and comprehends Local Rules 26-4 and 26-1. Moreover, the Court

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hereby ORDERS Mr. Alexander to promptly confer with Plaintiff, and ORDERS the parties to

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submit a stipulated proposed discovery plan no later than March 25, 2014.

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IT IS SO ORDERED.

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DATED: March 18, 2014

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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