Middleton v. Cavalry Portfolio Services, LLC

Filing 64

ORDER that the Motion to Modify Scheduling Order and Case Deadlines ECF No. 50 is DENIED; case discovery plan and scheduling order deadlines are STAYED pending a decision on the motion to dismiss; the parties will have 60 days from the decision of the motion to dismiss to complete any remaining discovery on any claim(s) that survives; if any of plaintiff's claims survive the pending motion to dismiss, the parties are to meet and confer within 14 days of the decision of the motion to discuss any remaining discovery either side requests and submit a discovery plan and scheduling order. Signed by Magistrate Judge Peggy A. Leen on 05/30/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ANN GATES MIDDLETON,

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Plaintiff,

v.

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Case No. 2:16-cv-01760-MMD-PAL
ORDER
(Mot Mod DPSO – ECF No. 50)

CAVALRY PORTFOLIO SERVICES, LLC,
et al.,
Defendant.

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The court conducted a hearing on May 30, 2017, on Defendants’ Motion to Modify

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Scheduling Order and Continue Case Deadlines (ECF No. 50). Jessica Green appeared in person,

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and Robert Campbell appeared telephonically on behalf of defendants. Plaintiff received notice

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but did not appear for the hearing. The court considered the motion, plaintiff’s Opposition (ECF

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No. 57),

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IT IS ORDERED that:

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1. The Motion to Modify Scheduling Order and Case Deadlines (ECF No. 50) is

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DENIED.

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2. The case discovery plan and scheduling order deadlines are STAYED pending a

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decision on the motion to dismiss which is fully briefed and awaiting a decision by the

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district judge.

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3. The parties will have 60 days from decision of the motion to dismiss to complete any
remaining discovery on any claim(s) that survives.

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4. In the event any of plaintiff’s claims survive the pending motion to dismiss the parties

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shall meet and confer within in 14 days of decision of the motion to discuss any

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remaining discovery either side requests, and to submit a discovery plan and scheduling
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order allowing 60 days from decision of the motion to dismiss to complete any

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remaining discovery, and establish other deadlines consistent with the requirements of

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LR 26-1.

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DATED this 30th day of May, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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