G. Dallas Horton & Associates v. Harris et al

Filing 12

ORDER re 11 Stipulation for extension of time (First Request) to Submit Joint Discovery Plan and Proposed Scheduling Order. Plaintiff is Ordered to file the appropriate motion, no later than 11/30/15, or show cause in writing why this action should not be dismissed for failure to prosecute pursuant to LR 22-2. Signed by Magistrate Judge Nancy J. Koppe on 11/18/15. (Copies have been distributed pursuant to the NEF - PS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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G. DALLAS HORTON & ASSOCIATES,
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Plaintiff(s),
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vs.
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CYNTHIA HARRIS, et al.,
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Defendant(s).
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__________________________________________)

Case No. 2:15-cv-01693-JCM-NJK
ORDER
(Docket No. 11)

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Presently before Court is the parties’ stipulation for an extension of time to file a proposed joint

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discovery plan. Docket No. 11. On July 24, 2015, Plaintiff filed this interpleader action in the District

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Court of Clark County, Nevada. Docket No. 1 at 2. On September 3, 2015, Defendant Southwest Airlines

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Co. Welfare Benefit Plan (“Southwest”) removed the case to this Court. Id. On September 28, 2015,

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Defendant Southwest filed an answer. Docket No. 9. The Local Rules provide as follows:

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In all interpleader actions, the plaintiff must file a motion requesting that the Court set a
scheduling conference. The motion must be filed within thirty (30) days after the first defendant
answers or otherwise appears. At the scheduling conference, the plaintiff will advise the Court
as to the status of service on all defendants who have not appeared. In addition, the Court and
parties will develop a briefing schedule or discovery plan and scheduling order for resolving the
parties’ competing claims. If the plaintiff fails to prosecute the interpleader action by failing to
file the motion required by this Local Rule, the Court may dismiss the action.

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Local Rule 22-2 (emphasis added). Local Rule 22-2 therefore required Plaintiff to file a motion requesting

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a scheduling conference no later than October 28, 2015.

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Having failed to do so, Plaintiff is hereby ORDERED to file the appropriate motion, no later than

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November 30, 2015, or show cause in writing why this action should not be dismissed for failure to

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prosecute pursuant to Local Rule 22-2.

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IT IS SO ORDERED.

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DATED: November 18, 2015

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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