Luna v. State Farm Mutual Automobile Insurance Company

Filing 13

ORDER Denying without prejudice 12 Proposed Discovery Plan/Scheduling Order. The parties shall submit a revised Discovery Plan/Scheduling Order by 8/4/2015 that complies with the Local Rules. Signed by Magistrate Judge Nancy J. Koppe on 7/28/2015. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JOSE R. LUNA,
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Plaintiff(s),
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vs.
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STATE FARM MUTUAL AUTOMOBILE
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INSURANCE COMPANY,
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Defendant(s).
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__________________________________________)

Case No. 2:15-cv-01104-RCJ-NJK

ORDER DENYING PROPOSED
DISCOVERY PLAN
(Docket No. 12)

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Pending before the Court is a proposed discovery plan (Docket No. 12) which, for the reasons set

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forth below, is DENIED without prejudice. First, the plan must state the date the first defendant answered

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or otherwise appeared. Local Rule 26-1(e)(1). The parties fail to do so. Second, Local Rule 26-1(e)(1)

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establishes 180 days, measured from the date the first defendant answers or otherwise appears, as a

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presumptively reasonable time to complete discovery. Where more than 180 days of discovery are sought,

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the proposed discovery plan must state on its face, “SPECIAL SCHEDULING REVIEW REQUESTED”

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and provide an explanation why the parties believe additional time is required. Local Rule 26-1(d). In this

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case, Defendant answered on June 11, 2015. Docket No. 5. However, the proposed discovery plan requests

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

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...

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Accordingly, the proposed discovery plan is hereby DENIED without prejudice. The parties shall
submit a revised discovery plan no later than August 4, 2015, that complies with the Local Rules.

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IT IS SO ORDERED.

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DATED: July 28, 2015

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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