Cornett v. Gawker Media, LLC

Filing 44

ORDER Denying 42 Plaintiffs Rule 26(f) Report and Discovery Plan. Signed by Magistrate Judge Carl W. Hoffman on 11/14/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HANNAH CORNETT,

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Plaintiff,
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vs.
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GAWKER MEDIA, LLC, et al.,
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Defendants.
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__________________________________________)

Case No. 2:13-cv-01579-GMN-CWH
ORDER

This matter is before the Court on Plaintiffs’ Rule 26(f) Report and Discovery Plan (#42),

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filed on November 13, 2013. The Court also considered Declaration of Stephen Kernan (#43),

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filed on November 13, 2013.

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The Court has reviewed the Plan and finds that it does not comply with Local Rule (“LR”)

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26-1. LR 26-1(d) provides that “the parties shall submit a stipulated discovery plan and scheduling

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order.” Although Plaintiff indicates that the parties met for the Federal Rule of Civil Procedure

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26(f) meeting on October 10, 2013, LR 26-1(d) requires the submission of a joint proposed

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discovery plan and scheduling order. Additionally, on October 30, 2013, the Court issued an order

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temporarily staying discovery, including jurisdictional discovery, until an order is issued on

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Defendant’s Motion for Protective Order (#30) after the briefing process is completed in the normal

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course pursuant to Local Rule 7-2. See Order #36. Plaintiff contends that this order does not affect

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the requirement to submit a proposed discovery plan and scheduling order. The Court disagrees

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given that its order was very clear that a stay of all discovery is imposed. Accordingly, Plaintiff’s

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submission of a one-sided, proposed discovery plan violates both LR 26-1 and the temporary stay

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of discovery commenced on October 30, 2013.

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Based on the foregoing and good cause appearing therefore,

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IT IS HEREBY ORDERED that Plaintiffs’ Rule 26(f) Report and Discovery Plan (#42) is
denied.

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DATED this 14th day of November, 2013.

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C.W. Hoffman, Jr.
United States Magistrate Judge

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