My Home Now, LLC v. JPMorgan Chase Bank, N.A. et al

Filing 24

ORDER Denying 23 Proposed Discovery Plan/Scheduling Order. The parties shall file an amended discovery plan by June 29, 2016. Signed by Magistrate Judge Nancy J. Koppe on 06/24/2016. (Copies have been distributed pursuant to the NEF - NEV)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MY HOME NOW, LLC,
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)
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Plaintiff(s),
)
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vs.
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JPMORGAN CHASE BANK, N.A., et al.,
)
)
Defendant(s).
)
__________________________________________)

Case No. 2:16-cv-00727-GMN-NJK
ORDER
(Docket No. 23)

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Pending before the Court is a discovery plan that seeks nearly double the presumptively

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reasonable discovery period. Compare Docket No. 23 at 3 (seeking discovery period of 300 days) with

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Local Rule 26-1(b)(1) (establishing presumptively reasonable discovery period of 180 days). The parties

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assert such an expansive discovery period is required because discovery will be taken regarding

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“information that is largely contained by persons and entities not named in this action and that are

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anticipated to be dilatory in their responses.” Docket No. 23 at 3. The fact that the parties plan to

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conduct third-party discovery is not sufficient justification to extend the discovery period, nor is their

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speculation that these parties may be dilatory in responding.

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The discovery plan also misstates the deadline for seeking extensions of the deadlines set forth

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therein. Docket No. 23 at 5. The deadline to seek an extension is 21 days before expiration of the

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subject deadline for which extension is sought, see Local Rule 26-4, not 21 days before the expiration

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of the discovery period. For example, the deadline for seeking to extend the deadline for expert

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disclosures is 21 days before the expiration of that deadline, and a request to extend that deadline filed

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21 days before the discovery cutoff would be untimely.

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Accordingly, the discovery plan is DENIED. The parties shall file an amended discovery plan
by June 29, 2016.

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IT IS SO ORDERED.

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DATED: June 24, 2016

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______________________________________
_____________________
_ _
NANCY J. KOPPE
KOPPE
PP
United States Magistrate Judge
ates Magistrate Judge
i

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