Blanch v. LVMPD et al

Filing 26

ORDER Denying 17 Motion for Pretrial Conference. It is Further Ordered: Discovery due by 9/28/2015. Motions due by 10/28/2015. Proposed Joint Pretrial Order due by 11/27/2015. Interim Status Report due by 7/30/2015. Signed by Magistrate Judge Cam Ferenbach on 4/10/2015. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RONNIE BLANCH,
Plaintiff,

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vs.

2:14-cv-01762-GMN-VCF
ORDER

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LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, OFFICER JOSH COSTELLO,
Defendants.

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Before the court is Plaintiff's Motion for a Pretrial Conference. (#17). Plaintiff's motion for a
pretrial conference (#17) is denied for the following reason.

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Pursuant to Local Rule 16-1(b), “in actions by or on behalf of inmates under 42 U.S.C. § 1983

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...no discovery plan is required,” rather “a scheduling order [is] entered within thirty (30) days after the

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first defendant answers or otherwise appears.” As this is an action brought under 42 U.S.C. § 1983, and

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no scheduling order has been entered, the court will open discovery and issue a scheduling order.

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Accordingly, and for good cause shown,

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IT IS ORDERED that pro se plaintiff’s motion for a pretrial conference (#17) is DENIED.

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IT IS FURTHER ORDERED that the following scheduling deadlines shall apply:

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1.

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DISCOVERY: Pursuant to LR 16-1(b), discovery in this action shall be completed on or

before September 28, 2015.
2.

Any and all pleadings that may be brought under Fed. R. Civ. P. 13 & 14, or joining

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additional parties under Fed. R. Civ. P. 19 & 20, shall be filed and served not later than ninety (90) days

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prior to the close of discovery, or June 30, 2015. Any party causing additional parties to be joined or

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brought into this action shall contemporaneously therewith cause a copy of this Order to be served upon

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the new party or parties.

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3.

Amendments to pleadings as provided for under Fed. R. Civ. P. 15, if the same are allowed

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without leave of court, or motions for leave to amend, shall comply with LR 15-1 and shall be filed and

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served not later than ninety (90) days prior to the close of discovery, or June 30, 2015.

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4.

Expert disclosures shall be made sixty (60) days before the discovery cut-off date, or on or

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before July 30, 2015, and the disclosures of rebuttal experts shall be made thirty (30) days after the initial

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disclosures of experts, and not later than August 31, 2015.

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5.

Dispositive Motions shall be filed and served no later than thirty (30) days after the close

of discovery, or October 28, 2015.
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The Joint Pretrial Order is due thirty (30) days after the dispositive motions deadline, or on

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November 27, 2015. If dispositive motions are filed, the joint pretrial order is due thirty (30) days from

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the entry of the court’s rulings on the motions or by further order of the court.

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7.

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30, 2015.

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8.

The Interim Status Report shall be due sixty (60) days prior to discovery cut-off or July

EXTENSIONS OF DISCOVERY:

Pursuant to LR 26-4, an extension of the discovery

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deadline will not be allowed without a showing of good cause. All motions or stipulations to extend

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discovery shall be received by the Court at least twenty-one (21) days prior to the subject deadline. The

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motion or stipulation shall include:

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(a)

A statement specifying the discovery completed by the parties of the date of the motion or

stipulation;

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(b)

A specific description of the discovery which remains to be completed;

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(c)

The reasons why such remaining discovery was not completed within the time limit of the

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existing discovery deadline; and
(d)

A proposed schedule for the completion of all remaining discovery.

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9.

In the event that the Federal Rules of Civil Procedure provide for any shorter time periods

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for the filing of motions or pleadings, said shorter time limits shall apply notwithstanding the time limits

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set forth in this Scheduling Order. Pursuant to the authority given to the Court in Fed. R. Civ. P. 16(b),

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motions for summary judgment under Fed. R. Civ. P. 56 must be filed no later than the time provided in

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paragraph 4 of this Order.

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DATED this 10th day of April, 2015.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE