Tagle v. State of Nevada et al

Filing 165

DISCOVERY PLAN AND SCHEDULING ORDER. Discovery due by 11/5/2018. Motions due by 12/5/2018. Proposed Joint Pretrial Order due by 1/4/2019. IT IS FURTHER ORDERED that the stay is lifted. IT IS FURTHER ORDERED that appearing defendants must file an answer or response to the complaint, on or before 7/18/2018. Signed by Magistrate Judge Cam Ferenbach on 7/3/2018. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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VICTOR TAGLE,
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Plaintiff,
2:15-cv-01402-JAD-VCF
DISCOVERY PLAN AND SCHEDULING
ORDER

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vs.
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STATE OF NEVADA, NDOC, NDOC’S
EMPLOYEES, et al.,

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Defendants.

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Before the Court is the Victor Tagle v. State of Nevada, et al., case number 2:15-cv-01402-JADVCF.

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On January 4, 2018, this case was stayed pending resolution of the state case with the 7th Judicial

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District Court. (ECF NO. 153). The Court held a status hearing on July 3, 2018, and heard representations

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from the parties. Defendants state that they have supplemented the record of the state action and may file

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a motion to dismiss in that matter.

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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.” This is an action brought under 42 U.S.C. § 1983 and

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Defendants have appeared.

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The court finds that discovery must commence. Plaintiff is advised that discovery must be focused
only on the issues raised in this case.

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Accordingly,

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IT IS HEREBY ORDERED that the following discovery deadlines apply:

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1.

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

before November 5, 2018.
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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 August 7, 2018.

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3.

Expert disclosures shall be made on or before September 6, 2018, and the disclosures of

rebuttal experts shall be made on or before October 9, 2018.

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5.

Dispositive Motions shall be filed and served no later than December 5, 2018.

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6.

The Joint Pretrial Order is due by January 4, 2019. If dispositive motions are filed, the

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joint pretrial order is due thirty (30) days from the entry of the court’s rulings on the motions or by further

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order of the court.

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7.

The Interim Status Report must be filed or before September 6, 2018.

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8.

EXTENSIONS OF DISCOVERY:

Pursuant to LR 26-4, a motion or stipulation to

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extend any date set by the discovery plan, scheduling order, or other order must, in addition to satisfying

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the requirements of LR IA 6-1, be supported by a showing of good cause for the extension. A motion or

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stipulation to extend a deadline set forth in a discovery plan must be received by the court no later than

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21 days before the expiration of the subject deadline. A request made within 21 days of the subject

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deadline must be supported by a showing of good cause. A request made after the expiration of the subject

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deadline will not be granted unless the movant also demonstrates that the failure to act was the result of

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excusable neglect. A motion or stipulation to extend a discovery deadline or to reopen discovery must

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include:

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(a) A statement specifying the discovery completed;

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(b) A specific description of the discovery that remains to be completed;

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(c) The reasons why the deadline was not satisfied or the remaining discovery was

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not completed within the time limits set by the discovery plan; and

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(d) A proposed schedule for completing all remaining discovery.

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IT IS FURTHER ORDERED that the stay is lifted.

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IT IS FURTHER ORDERED that appearing defendants must file an answer or response to the

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complaint, on or before July 18, 2018.
DATED this 3rd day of July, 2018.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE