Castillo v. Ingram et al

Filing 27

ORDER granting 26 Unopposed Motion. The Board shall submit its answer to the Complaint within 14 days after this Courts ruling on its Motion to Dismiss. The Parties shall submit a discovery plan within 14 days of Defendants service of the answer. Signed by Magistrate Judge Peggy A. Leen on 8/21/2014. (Copies have been distributed pursuant to the NEF - DKJ)

Case 2:14-cv-00332-GMN-PAL Document 26 Filed 08/18/14 Page 1 of 4

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CATHERINE CORTEZ MASTO
Attorney General
COLLEEN L. PLATT
Deputy Attorney General
Nevada State Bar #11684
100 North Carson Street
Carson City, Nevada 89701-4717
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TROY CASTILLO,
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)
)
Plaintiff,
)
)
vs.
)
)
KEVIN INGRAM, in his official capacity as )
Executive Director of the Nevada Private )
Investigator’s Licensing Board; DAVID
)
SPENCER, in his official capacity as
)
Chairman of the Nevada Private
)
Investigator’s Licensing Board; MARK
)
ZANE, in his official capacity as Board
)
Member of the Nevada Private
)
Investigator’s Licensing Board; JAMES
)
NADEAU, in his official capacity as a Board )
Member of the Nevada Private
)
)
Investigator’s Licensing Board; JAMES
COLBERT, in his official capacity as a
)
Board Member of the Nevada Private
)
Investigator’s Licensing Board; ROBERT )
UITHOVEN, in his official capacity as a
)
Board Member of the Nevada Private
)
Investigator’s Licensing Board,
)
)
Defendants.
/

Case No. 2:14–CV–00332-GMN–PAL

DEFENDANTS’ UNOPPOSED
MOTION TO MODIFY SCHEDULING
ORDER

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COMES NOW, State Defendants, KEVIN INGRAM, in his official capacity as Executive

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Director of the Nevada Private Investigator’s Licensing Board; DAVID SPENCER, in his

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official capacity as Chairman of the Nevada Private Investigator’s Licensing Board; MARK

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ZANE, in his official capacity as a Board Member of the Nevada Private Investigator’s
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Case 2:14-cv-00332-GMN-PAL Document 26 Filed 08/18/14 Page 2 of 4

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Licensing Board; JAMES NADEAU, in his official capacity as a Board Member of the Nevada

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Private Investigator’s Licensing Board; JAMES COLBERT, in his official capacity as a Board

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Member of the Nevada Private Investigator’s Licensing Board; ROBERT UITHOVEN, in his

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official capacity as a Board Member of the Nevada Private Investigator’s Licensing Board

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(Board), appearing through their attorneys CATHERINE CORTEZ MASTO Attorney General

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and COLLEEN L. PLATT Deputy Attorney General, and hereby request that the Court modify

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the Scheduling Order.
MEMORANDUM OF POINTS AND AUTHORITIES

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On June 10, 2014, the Board submitted its Motion to Dismiss; this motion was fully

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briefed on July 10, 2014, and is awaiting a decision by the Court. The Board’s answer will be

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due after this Court has ruled on its Motion to Dismiss. FED. R. CIV. P. 12(a)(4). Pursuant to

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Local Rule 26–1, Plaintiff is required to initiate the scheduling of the FED. R. CIV. P. (FRCP)

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26(f) meeting within 30 days after the Board answered or otherwise appeared. The Motion to

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Dismiss filed on June 10, 2014, was the Board’s appearance in the instant matter. See Sun

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Bank of Ocala v. Pelican Homestead and Sav. Ass’n, 874 F.2d 274, 275–276 (1989 5th Cir.).

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Thus, Plaintiff was required to initiate the FRCP 26(f) meeting on or before July 12, 2014.

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Plaintiff did not initiate the meeting until July 31, 2014.

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Discovery may be burdensome and expensive. Since there is not yet a resolution to

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the Board’s Motion to Dismiss, the Board requests that the discovery process be stayed until

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after this Court has ruled on its Motion to Dismiss. The stay will allow the Parties to proceed

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with discovery on the portions of the Complaint, if any, that withstand the Board’s Motion to

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Dismiss. Plaintiff does not oppose this motion.

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Case 2:14-cv-00332-GMN-PAL Document 26 Filed 08/18/14 Page 3 of 4

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Therefore, the Board hereby requests that this Court modify the Scheduling Order as
follows:
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The Board shall submit its answer to the Complaint within 14 days after this

Court’s ruling on its Motion to Dismiss.

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2.

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of the answer.

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The Parties shall submit a discovery plan within 14 days of Defendants’ service

DATED August 18, 2014.

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By:

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CATHERINE CORTEZ MASTO
Attorney General
/s Colleen L. Platt
COLLEEN L. PLATT
Deputy Attorney General
Attorneys for Nevada State
Defendants Kevin Ingram, Mark Zane,
David Spencer, James Nadeau;
Robert Uithoven; James Colbert

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IT IS SO ORDERED.

DATED this 21st day of ________, 2014.
___ day of August, 2014.

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UNITED STATES DISTRICT JUDGE
Peggy A. Leen
United States Magistrate Judge

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Case 2:14-cv-00332-GMN-PAL Document 26 Filed 08/18/14 Page 4 of 4

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CERTIFICATE OF MAILING

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I, Vicki Beavers, hereby certify I am an employee of the Office of the Attorney General

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and that this 18th day of August, 2014, I electronically filed the foregoing Defendants’

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Unopposed Motion to Modify Scheduling Order, with the Clerk of the Court for the United

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States District of Nevada by using the appellate CM/ECF system.

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I certify that all participants in the case are registered CM/ECF users and service will
be accomplished by the appellate CM/ECF system.
/s/ Vicki Beavers
VICKI BEAVERS

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