Mitchell v. Genuine Parts Company et al

Filing 11

ORDER DENYING 10 Proposed Discovery Plan/Scheduling Order. Revised Discovery Plan/Scheduling Order due by 4/23/2013. Signed by Magistrate Judge Nancy J. Koppe on 4/18/13. (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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JOSEPH W. MITCHELL,

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Plaintiff(s),
vs.
DORMAN PRODUCTS, INC., et al.,
Defendant(s).

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Case No. 2:13-cv-00346-RCJ-NJK
ORDER DENYING PROPOSED
DISCOVERY PLAN (Docket No. 10)

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Pending before the Court is the Proposed Discovery Plan and Scheduling Order, Docket No.

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10, which is hereby DENIED. The presumptively reasonable discovery period is 180 days from the

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date the first defendant answers or appears. Local Rule 26-1(e)(1). The proposed plan seeks a

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discovery period of approximately 310 days. See Stipulated Discovery Plan and Scheduling Order

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at 2 (seeking 275 days from the date of the Rule 26(f) conference). Although the explanations

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provided do warrant some additional time for discovery, they do not justify such a lengthy discovery

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period. Instead, the Court believes a discovery period of 240 days from the date of the answer is

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more appropriate. The parties shall submit, no later than April 23, 2013, a revised discovery plan

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based on a discovery cut-off of November 1, 2013.

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The Court notes that the discovery plan explains that requests to extend the discovery cut-off

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date must be made no later than 21 days before that deadline. The Court advises that parties that any

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requests for extensions to any other deadline set by the scheduling order must be made not later than

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21 days before the subject deadline expires. See Local Rule 26-4.

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Lastly, the Court notes that the parties request an Early Neutral Evaluation session or

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settlement conference be set. See Proposed Discovery Plan and Scheduling Order at 5. While this

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case does not appear to fall within the list of cases for which Early Neutral Evaluation sessions are

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held, see Local Rule 16-6, the parties may instead request a settlement conference with an

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unassigned magistrate judge if they desire Court-assisted settlement discussions. Such a request

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should be made to the district judge.

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IT IS SO ORDERED.

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DATED: April 18, 2013

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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