Harkey v. US Bank et al

Filing 141

ORDER Granting 131 Plaintiff's Motion to Stay Discovery Plan. Discovery Plan/Scheduling Order due by 10/6/2014. Signed by Magistrate Judge George Foley, Jr on 9/4/2014. (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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MICHAEL HARKEY,

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Plaintiff,
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vs.
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US NATIONAL BANK, et al.,
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Defendants.
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__________________________________________)

Case No. 2:14-cv-00177-RFB-GWF
ORDER

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This matter is before the Court on Plaintiff’s Motion to Stay Computer-Generated Order
(#131), filed on September 3, 2014.
Plaintiff filed his complaint on February 3, 2014. See Dkt. #1. On July 22, 2014,

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Defendant Safeguard Properties, LLC, filed its Answer, therein prompting the computer-generated

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order setting the deadline for filing the Rule 26(f) discovery plan by September 5, 2014. See Dkt.

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#57. Plaintiff filed his motion seeking to stay the computer-generated discovery plan deadline until

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the Court decides which parties are allowed to proceed in this action. See Dkt. #131.

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Plaintiff represents that drafting a discovery plan is not yet practical because there are a

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number of motions and responses pending decisions, including a decision as to which parties are

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entitled to appear by which counsel and which parties are entitled to relief from default. See Dkt.

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#131 at 2. Therefore Plaintiff proffers that the discovery conference cannot feasibly be conducted

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at this time because Plaintiff does not know whether certain parties will be allowed to appear in this

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action and by which counsel. Id.

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Due to the limited time within which this motion was brought, the Court finds that the
Plaintiff has shown good cause to extend the discovery plan deadline for thirty days to allow the

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parties to file their respective responses to Plaintiff’s motion to stay the discovery plan. See Fed. R.

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Civ. P. 6(b) and LR 26-1 (extensions of time may be granted for good cause shown). Accordingly,

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IT IS HEREBY ORDERED that the discovery plan in the above captioned matter shall be

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extended to October 6, 2014 unless otherwise ordered in the Court’s decision on Plaintiff’s motion

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to Stay (#131).

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DATED this 4th day of September, 2014.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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