Nevada New Builds, LLC v. Green Tree Servicing LLC et al

Filing 13

ORDER that 11 Proposed Discovery Plan/Scheduling Order is denied. FURTHER ORDERED that, pursuant to Local Rule 26-1(d), Plaintiff shall initiate the scheduling and conducting of the Rule 26(f) meeting by Friday, June 26, 2015. The parties shall s ubmit a discovery plan and scheduling order by Monday, July 6, 2015. FURTHER ORDERED that failure of either party to participate in developing and submitting a discovery plan may result in sanctions pursuant to Rule 37(f). Signed by Magistrate Judge Carl W. Hoffman on 6/18/15. (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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NEVADA NEW BUILDS, LLC,

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Plaintiff,
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vs.
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GREEN TREE SERVICING, LLC, et al.,
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Defendants.
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__________________________________________)

Case No. 2:15-cv-00791-JCM-CWH
ORDER

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This matter is before the Court on Defendants’ unilaterally submitted proposed discovery
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plan and scheduling order (#11), filed June 15, 2015. Defense counsel indicate that several
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attempts were made to confer with Plaintiff’s counsel pursuant to Fed. R. Civ. P. 26(f), but
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Plaintiff’s counsel has not responded. Local Rule 26-1(d) requires plaintiff’s counsel to initiate the
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Rule 26(f) scheduling conference “within thirty (30) days after the first defendant answers or
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otherwise appears.” It further requires the parties to submit a stipulated discovery plan and
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scheduling order within fourteen (14) days after the Rule 26(f) conference. The failure to
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participate in “developing and submitting” a discovery plan is sanctionable conduct. See Fed. R.
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Civ. P. 37(f). That there is a pending motion to remand does not operate as a stay of the
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requirement to participate in a scheduling conference. Neither the Federal Rules nor Local Rules
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provide for automatic blanket stays of discovery when a potentially dispositive motion is pending.
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E.g. Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 600-01 (D. Nev. 2011) (citation omitted).
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Accordingly,
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IT IS HEREBY ORDERED that Proposed Discovery Plan and Scheduling Order (#11) is
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denied.

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IT IS FURTHER that, pursuant to Local Rule 26-1(d), Plaintiff shall initiate the

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scheduling and conducting of the Rule 26(f) meeting by Friday, June 26, 2015. The parties shall

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submit a discovery plan and scheduling order by Monday, July 6, 2015.

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IT IS FURTHER ORDERED that failure of either party to participate in developing and
submitting a discovery plan may result in sanctions pursuant to Rule 37(f).
DATED: June 18, 2015.

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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