Searcy v. Esurance Insurance Company

Filing 20

ORDER Denying 19 Proposed Discovery Plan/Scheduling Order filed by Rosalind Searcy. Discovery Plan due by 4/1/2015. Signed by Magistrate Judge Nancy J. Koppe on 3/25/2015. (Copies have been distributed pursuant to the NEF - DC)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 ROSALIND SEARCY, 11 Plaintiff(s), 12 vs. 13 ESURANCE INSURANCE COMPANY, 14 Defendant(s). 15 ) ) ) ) ) ) ) ) ) ) Case No. 2:15-cv-00047-APG-NJK ORDER DENYING AMENDED PROPOSED DISCOVERY PLAN (Docket No. 19) 16 Pending before the Court is the parties’ amended Proposed Discovery Plan and Scheduling 17 Order. Docket No. 19. The Court denied the parties’ initial discovery plan because it purported to 18 provide a discovery period of 180 days, but actually provided a discovery period of 220 days. See 19 Docket No. 18. The parties have now filed an amended discovery plan, which again purports to provide 20 a discovery period of 180 days but this time provides an actual discovery period of 148 days. See 21 Docket No. 19 at 2 (motion to dismiss filed on February 6, 2015; discovery cutoff of July 4, 2015). 22 Moreover, while the parties have altered the discovery cutoff in the amended discovery plan, they failed 23 to adjust the other deadlines to reflect the newly-sought discovery cutoff even though the Local Rules 24 clearly require those deadlines to be calculated based on the discovery cutoff. See, e.g., id. at 3; see 25 also Local Rules 26-1(e)(2), et seq. Indeed, some of the relevant discovery deadlines are now set for 26 after the purported expiration of the discovery period. Accordingly, the amended discovery plan is 27 hereby DENIED as the discovery cutoff is again miscalculated and the other deadlines are also 28 miscalculated. 1 2 The parties are ORDERED to submit a discovery plan that complies with the Local Rules no later than April 1, 2015. 3 IT IS SO ORDERED. 4 DATED: March 25, 2015 5 6 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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