Morales v. Oregon Mutual Insurance Company

Filing 13

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 MAURICIO NUNEZ MORALES, 12 Plaintiff(s), 13 vs. 14 OREGON MUTUAL INS. CO., et al., 15 Defendant(s). ) ) ) ) ) ) ) ) ) ) Case No. 2:13-cv-00830-JCM-NJK ORDER DENYING PROPOSED DISCOVERY PLAN (Docket No. 12) 16 17 Pending before the Court is the amended Proposed Discovery Plan and Scheduling Order, 18 Docket No. 12, which is hereby DENIED. On July 18, 2013, the Court denied the first discovery 19 plan submitted for failing to comply with the Local Rules in several respects: 20 21 22 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. 23 24 25 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 26 state that the deadline for any extension is triggered by the discovery cut-off. See Docket No. 12 at 27 3. That is not correct. “All motions or stipulations to extend a deadline set forth in a discovery plan 28 shall be received no later than twenty-one (21) days before expiration of the subject deadline.” 1 Local Rule 26-4 (emphasis added). By way of example, a request to extend the deadline for initial 2 expert disclosures must be filed 21 days before that deadline is set to expire. A request to extend the 3 deadline for initial expert disclosures filed only 21 days before the discovery cutoff would be 4 untimely. 5 Accordingly, the amended proposed discovery plan is DENIED. The parties are ordered, no 6 later than July 26, 2013, to file another proposed discovery plan that complies with the Local Rules. 7 IT IS SO ORDERED. 8 DATED: July 19, 2013 9 10 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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