Bank of America, N.A. v. Lake Valley Estates Association et al

Filing 37

ORDER that the Court hereby LIFTS the stay in this case. The discovery plan (ECF No. 35 ) is DENIED. No later than May 17, 2018, the parties shall file an amended discovery plan providing deadlines that reflect the limited time left in discovery when the case was stayed or, alternatively, shall explain why more time is needed. Signed by Magistrate Judge Nancy J. Koppe on 5/10/2018. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BANK OF AMERICA, N.A.,

Case No.: 2:16-cv-01781-JCM-NJK

Plaintiff(s),
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Order

v.
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[Docket Nos. 35, 36]

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LAKE VALLEY ESTATES
ASSOCIATION, et al.,

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Defendant(s).

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In light of the parties’ joint filing, Docket No. 36, the Court hereby LIFTS the stay in this

17 case.
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With respect to the parties’ proposed schedule moving forward, they essentially want to

19 restart the clock.

Compare Local Rule 26-1(b)(1) (establishing presumptively reasonable

20 discovery period of 180 days) with Docket No. 35 at 2 (seeking a discovery period of 180 days
21 from prefiling conference). This request fails to take into account the roughly three months during
22 which discovery was open prior to entry of the order staying the case. Compare Docket No. 21 at
23 2 (Rule 26(f) conference was held on December 19, 2016) with Docket No. 27 (staying case on
24 March 8, 2017). Indeed, the deadline to amend the pleadings expired prior to entry of the stay, see
25 Docket No. 21 at 2, so it is unclear why it should be revived at this point.
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Accordingly, the discovery plan is DENIED. No later than May 17, 2018, the parties shall

2 file an amended discovery plan providing deadlines that reflect the limited time left in discovery
3 when the case was stayed or, alternatively, shall explain why more time is needed.
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IT IS SO ORDERED.

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Dated: May 10, 2018
______________________________
Nancy J. Koppe
United States Magistrate Judge

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