Goldsmith, Esq. v. Internal Revenue Service et al

Filing 38

ORDER Denying 36 Proposed Discovery Plan and Scheduling Order. Discovery Plan and Scheduling Order due by 12/2/2014. Signed by Magistrate Judge Nancy J. Koppe on 11/24/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JONATHAN B. GOLDSMITH, ESQ.,

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Pending before the Court is the parties’ proposed discovery plan, Docket No. 36, which is

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Plaintiff(s),
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vs.
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INTERNAL REVENUE SERVICE, et al.,
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Defendant(s).

Case No. 2:14-cv-01297-GMN-NJK
ORDER DENYING PROPOSED
DISCOVERY PLAN
(Docket No. 36)

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hereby DENIED. The Local Rules in this District provide for a presumptively reasonable discovery

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period of 180 days measured from the date of the first defendant’s answer or other appearance. See

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Local Rule 26-1(e)(1). When the parties seek a longer discovery period, they must seek special

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scheduling review and explain why additional time is necessary. See Local Rule 26-1(d). The

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pending discovery plan seeks a 180-day discovery period, calculated from the date of the Rule 26(f)

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conference. Hence, it seeks longer than the presumptively reasonable discovery period outlined in

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the Local Rules, without any explanation as to why additional time is needed or a request for special

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scheduling review.

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The parties are hereby ORDERED to file, no later than December 2, 2014, a discovery plan

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that complies with the Local Rules. Alternatively, either party may file, no later than December 2,

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2014, a motion or stipulation to stay discovery pending resolution of Defendant’s motion to dismiss.

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Such a motion or stipulation to stay must address the standards relevant to such a request. See, e.g.,

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Kor Media Group, LLC v. Green, 294 F.R.D. 579, 581-83 (D. Nev. 2013) (discussing, inter alia,

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TradeBay, LLC v. eBay, Inc., 278 F.R.D. 597 (D. Nev. 2011)).

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IT IS SO ORDERED.

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DATED: November 24, 2014

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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