Scott v. Hoopes et al

Filing 36

ORDER that 34 Stipulation to Stay Discovery and Motion Practice Pending Mediation Between the Parties is DENIED. A hearing on 29 Defendants' Motion to Quash is set for November 7, 2017 at 10:00 a.m. Signed by Magistrate Judge Peggy A. Leen on 10/26/17. (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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***

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NICOLAS SCOTT,

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v.

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Case No. 2:16-cv-02646-APG-PAL
Plaintiff,

ORDER
(Stip Stay Disc – ECF No. 34)

ETHAN HOOPES, et al.,
Defendants.

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Before the court is the parties’ Stipulation to Stay Discovery and Motion Practice Pending

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Mediation Between the Parties (ECF No. 34). The parties have requested and received two

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extensions of the discovery plan and scheduling order deadlines, and have had nearly twice the

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amount of time deemed presumptively reasonable by LR 26-1 to complete discovery. The current

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stipulation asks for a stay of discovery and other scheduling order deadlines for the parties to

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schedule and complete a private mediation. The parties represent that they will use their best

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efforts to conduct a mediation by the middle of February 2018 “subject to the availability of the

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Parties and their representatives.” Subpoenas for medical records are outstanding and the plaintiff

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agrees to be deposed in mid-November. The parties propose that all other scheduled depositions

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be vacated, and discovery responses stayed until March 2018. If the case is not successfully

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mediated the parties propose to submit a proposed order to extend the existing deadlines “on that

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date.”

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Having reviewed and considered the matter, the court finds that the parties have not shown

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good cause to stay this matter pending mediation. A mediation has not even been scheduled.

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Plaintiff has not been deposed. The parties do not say what discovery will need to be completed

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if the mediation is unsuccessful, and as indicated, the parties have had twice the amount of time

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deemed presumptively reasonable to complete discovery. The extended discovery cutoff is now

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November 24, 2017.

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IT IS ORDERED;

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1. The parties’ Stipulation to Stay Discovery and Motion Practice Pending Mediation

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Between the Parties (ECF No. 34) is DENIED.
2. A hearing on Defendants’ Motion to Quash (ECF No. 29) is set for November 7, 2017
at 10:00 a.m.
DATED this 26th day of October, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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