Phillips v. Transportation Insurance Company

Filing 14

NOTICE. The Court provides this notice that the parties are required to conduct the Rule 26(f) conference within 30 days of the date of the filing of Defendant's answer, and to file a proposed discovery plan within 14 days thereafter. Signed by Magistrate Judge Nancy J. Koppe on 11/17/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SAMMIE PHILLIPS,
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Plaintiff(s),
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vs.
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TRANSPORTATION INSURANCE COMPANY, )
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Defendant(s).
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Case No. 2:15-cv-01967-APG-NJK
NOTICE

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Pending before the Court is the parties’ status report, in which the parties appear to indicate that

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they will conduct discovery only in the event the pending motion to remand is denied. See Docket No.

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13 at 4. The Court provides this notice that the parties are required to conduct the Rule 26(f) conference

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within 30 days of the date of the filing of Defendant’s answer, and to file a proposed discovery plan

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within 14 days thereafter. See Local Rule 26-1(d); see also Docket No. 11 (answer). To the extent the

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parties seek to stay their discovery obligations, they must file a request for that relief addressing the

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applicable standards.1 Absent the granting of such request, the parties must proceed with discovery.

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IT IS SO ORDERED.

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DATED: November 17, 2015

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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Judges in this District have held that the pendency of a motion to remand is not a sufficient basis
to stay discovery. See Cooks-Putnam v. Trump Las Vegas Corp., 2015 U.S. Dist. Lexis 115606, *3 (D. Nev.
Aug. 31, 2015) (citing Grammar v. Colo. Hosp. Ass’n Shared Servs., 2015 U.S. Dist. Lexis 83966, *5 (D.
Nev. June 26, 2015)). Any request to stay discovery in this case pending resolution of the motion to remand
must specifically explain why the Court should not follow that case law.