McCoy v. Capital One Financial Corporation

Filing 19

ORDER re 6 ENE Notice. IT IS ORDERED that the Court declines to set an early neutral evaluation at this time. Signed by Magistrate Judge Nancy J. Koppe on 11/16/16. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TIA CAMILLE MCCOY,
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Plaintiff,
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vs.
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CAPITAL ONE FINANCIAL CORPORATION,
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Defendants.
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Case No. 2:16-cv-01928-RFB-NJK
ORDER

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This case has been assigned to the Early Neutral Evaluation Program. Docket No. 6. The

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evaluating magistrate judge has the authority to exempt any case from early neutral evaluation. See

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Local Rule 16-6(c). In this case, although Defendant has appeared to file a motion to dismiss, a report

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and recommendation also remains pending. See Docket Nos. 8, 16. In light of the current procedural

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posture of the case, the Court declines to set an early neutral evaluation at this time. In the event that

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Plaintiff is found by the Court to have stated a claim or Defendant files an answer to the complaint,

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within 14 days thereof the parties shall file a stipulation with five dates on which the parties propose

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setting the early neutral evaluation.1

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IT IS SO ORDERED.

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DATED: November 16, 2016

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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If both parties believe an early neutral evaluation would be fruitful at this time not withstanding the
procedural posture of the case, they may submit a stipulation so indicating and providing five proposed dates
for the early neutral evaluation.