Kidiavayi v. Leonard et al

Filing 16

ORDER Denying 15 Proposed Discovery Plan. Discovery Plan due by 8/8/2016. Signed by Magistrate Judge Nancy J. Koppe on 8/3/16. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STANLEY KIDIAVAYI,
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Plaintiff(s),
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vs.
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UNIVERSITY OF NEVADA, et al.,
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Defendant(s).
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__________________________________________)

Case No. 2:16-cv-01202-KJD-NJK

ORDER
(Docket No. 15)

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Pending before the Court is a joint proposed discovery plan. Docket No. 15. The Local Rules

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of Practice were amended effective May 1, 2016. General Order 2016-01. The joint proposed discovery

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plan cites the prior version of the Local Rules of Practice. See, e.g., Docket No. 15 at 2 (citing LR 26-

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1(e)(1), which no longer exists). The amended LR 26-1 places additional requirements on discovery

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plans, including those in LR 26-1(b)(7), (8), and (9). The parties have failed to comply with these

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requirements.

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Further, discovery plans must “state the date the first defendant answered or otherwise

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appeared[.]” LR 26-1(b). Local Rule 26-1(b)(1) establishes 180 days, measured from that date, as the

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presumptively reasonable time in which to complete discovery. Where more than 180 days of discovery

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are sought, the proposed discovery plan must state on its face, “SPECIAL SCHEDULING REVIEW

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REQUESTED” and provide an explanation why the parties believe additional time is required. LR 26-

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1(b).

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Here, the parties fail to state when the first defendant answered or otherwise appeared.

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Additionally, the parties’ reasons for exceeding the presumptively reasonable discovery period are

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unpersuasive. They offer a conclusory assertion that additional time is required to “develop and litigate

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the issues” in Plaintiff’s Complaint. Docket No. 15 at 2. Such a bald assertion is insufficient to warrant

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a longer discovery period. See, e.g., Nationstar Mortgage LLC v. Flamingo Trials, 15-cv-1268-RFB-

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NJK, Docket No. 14 (D. Nev. Sept. 9, 2015).

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Accordingly, the joint proposed discovery plan is hereby DENIED without prejudice. The

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parties must file a joint proposed discovery plan that complies in full with LR 26-1, no later than August

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8, 2016.

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IT IS SO ORDERED.

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DATED: August 3, 2016

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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