Marquis Aurbach Coffing v. Dorfman et al

Filing 20

ORDER Denying without prejudice 19 Proposed Discovery Plan/Scheduling Order. The parties shall submit a revised discovery plan no later than August 18, 2015, that complies with the Local Rules. Signed by Magistrate Judge Nancy J. Koppe on 8/11/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MARQUIS AURBACH COFFING, P.C.,
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Plaintiff(s),
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vs.
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TERRY DORFMAN, et al.,
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Defendant(s).
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__________________________________________)

Case No. 2:15-cv-00701-JCM-NJK
ORDER DENYING PROPOSED
DISCOVERY PLAN
(Docket No. 19)

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Pending before the Court is a proposed discovery plan (Docket No. 19) which, for the reasons set

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forth below, is DENIED without prejudice. First, Local Rule 26-1(e)(1) establishes 180 days, measured

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from the date the first defendant answers or otherwise appears, as a presumptively reasonable time to

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complete discovery. Where more than 180 days of discovery are sought, the proposed discovery plan must

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state on its face, “SPECIAL SCHEDULING REVIEW REQUESTED” and provide an explanation why

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the parties believe additional time is required. Local Rule 26-1(d). In this case, the proposed discovery

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plan requests a longer discovery period than 180 days without complying with Local Rule 26-1.

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Second, the proposed discovery plan misstates Local Rule 26-4, in that it provides that requests to

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extend deadlines in the scheduling order need only be filed 21 days before the discovery cut-off. See

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Docket No. 19, at 3. Local Rule 26-4 requires that any request to extend deadlines set forth in the

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scheduling order must be submitted at least 21 days before the subject deadline. For example, any request

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to extend the deadline for initial expert disclosures must be filed at least 21 days before the expiration of

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that deadline. Such a request filed only 21 days before the discovery cut-off would be untimely.

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Accordingly, the proposed discovery plan (Docket No. 19) is hereby DENIED without prejudice.

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The parties shall submit a revised discovery plan no later than August 18, 2015, that complies with the

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Local Rules.

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IT IS SO ORDERED.

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DATED: August 11, 2015

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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