Securities and Exchange Commission v. Inteligentry, LTD et al

Filing 37

ORDER Denying 36 Proposed Discovery Plan and Scheduling Order. Discovery Plan and Scheduling Order due by 5/16/2013. Signed by Magistrate Judge Nancy J. Koppe on 5/9/2013. (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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SECURITIES EXCHANGE COMMISSION,
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Plaintiff,
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vs.
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INTELIGENTY, LTD, et al.,
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Defendants.
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__________________________________________)

Case No. 2:13-cv-0344-GMN-NJK
ORDER DENYING DISCOVERY PLAN
(Docket No. 36)

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Pending before the Court is the parties’ proposed discovery plan (Docket No. 36), which is

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hereby DENIED. The parties shall submit a revised discovery plan, no later than May 16, 2013,

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that complies with the Local Rules. Specifically, the parties are requesting a significantly longer

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discovery period than 180 days from when the first defendant answered, and thus the Discovery Plan

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must state on its face “SPECIAL SCHEDULING REVIEW REQUESTED” and state why reasons why

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longer or different time periods should apply. LR 26-1(d).

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Further, the Rule 26(f) conference was required to be held within 30 days of March 13, 2013,

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when the first Defendant filed his Answer, and the stipulated discovery plan was due 14 days thereafter.

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See Local Rule 26-1(d). Absent a motion to stay, the Discovery Plan is approximately 2 weeks late.

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Filing dispositive motions as to some defendants does not automatically stay discovery. See, e.g.,

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Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 600 (D. Nev. 2011). Accordingly, the parties must show

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excusable neglect for their delay in filing the Proposed Discovery Plan with the Court. LR 26-4.

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...

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Next, requests to extend discovery deadlines must be filed at least 21 days before the expiration

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of the subject deadline sought to be extended. The pending proposed discovery plan fails to address

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Local Rule 26-4, or any other relevant Local Rule, entirely.

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Finally, the Court is not inclined to approve the requested 294 days for non-expert and 445 day

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expert witness discovery deadlines. The revised discovery plan must either provide sufficient

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justification for why such an expansive discovery period is necessary, or request a substantially smaller

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amount of time. Although the parties may have agreed to the requested discovery, stipulations are not

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effective until approved by the Court. LR 7-1. The Court expects counsel to comply with the deadlines

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set out in Local Rule 26-1(d) unless a stay of discovery is approved by the Court.

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IT IS SO ORDERED.

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DATED: May 9, 2013

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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