Morales v. Oregon Mutual Insurance Company
Filing
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ORDER Denying 12 Amended Proposed Discovery Plan. The parties are ordered, no later than July 26, 2013 to file another Proposed Discovery Plan that complies with the Local Rules. Signed by Magistrate Judge Nancy J. Koppe on 7/19/2013. (Copies have been distributed pursuant to the NEF - SLD)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MAURICIO NUNEZ MORALES,
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Plaintiff(s),
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vs.
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OREGON MUTUAL INS. CO., et al.,
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Defendant(s).
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Case No. 2:13-cv-00830-JCM-NJK
ORDER DENYING PROPOSED
DISCOVERY PLAN (Docket No. 12)
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Pending before the Court is the amended Proposed Discovery Plan and Scheduling Order,
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Docket No. 12, which is hereby DENIED. On July 18, 2013, the Court denied the first discovery
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plan submitted for failing to comply with the Local Rules in several respects:
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The proposed discovery plan is deficient in a number of respects. First, the Local Rules
require proposed discovery plans to “state the date the first defendant answered or otherwise
appeared.” Local Rule 26-1(e)(1). The submitted discovery plan fails to do so. . . . Third,
requests for extending discovery deadlines must be filed no later than 21 days before the
subject deadline sought to be extended. See Local Rule 26-4. The submitted discovery plan
misstates Local Rule 26-4. See Proposed Discovery Plan and Scheduling Order at 3.
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Docket No. 11. The resubmitted discovery plan continues to be defective for both of those reasons.
With respect to requests for extension, the amended proposed discovery plan continues to
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state that the deadline for any extension is triggered by the discovery cut-off. See Docket No. 12 at
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3. That is not correct. “All motions or stipulations to extend a deadline set forth in a discovery plan
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shall be received no later than twenty-one (21) days before expiration of the subject deadline.”
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Local Rule 26-4 (emphasis added). By way of example, a request to extend the deadline for initial
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expert disclosures must be filed 21 days before that deadline is set to expire. A request to extend the
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deadline for initial expert disclosures filed only 21 days before the discovery cutoff would be
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untimely.
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Accordingly, the amended proposed discovery plan is DENIED. The parties are ordered, no
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later than July 26, 2013, to file another proposed discovery plan that complies with the Local Rules.
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IT IS SO ORDERED.
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DATED: July 19, 2013
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______________________________________
NANCY J. KOPPE
United States Magistrate Judge
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