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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    1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 NICOLAS SCOTT, 8 v. 9 10 Case No. 2:16-cv-02646-APG-PAL Plaintiff, ORDER (Stip Stay Disc – ECF No. 34) ETHAN HOOPES, et al., Defendants. 11 12 Before the court is the parties’ Stipulation to Stay Discovery and Motion Practice Pending 13 Mediation Between the Parties (ECF No. 34). The parties have requested and received two 14 extensions of the discovery plan and scheduling order deadlines, and have had nearly twice the 15 amount of time deemed presumptively reasonable by LR 26-1 to complete discovery. The current 16 stipulation asks for a stay of discovery and other scheduling order deadlines for the parties to 17 schedule and complete a private mediation. The parties represent that they will use their best 18 efforts to conduct a mediation by the middle of February 2018 “subject to the availability of the 19 Parties and their representatives.” Subpoenas for medical records are outstanding and the plaintiff 20 agrees to be deposed in mid-November. The parties propose that all other scheduled depositions 21 be vacated, and discovery responses stayed until March 2018. If the case is not successfully 22 mediated the parties propose to submit a proposed order to extend the existing deadlines “on that 23 date.” 24 Having reviewed and considered the matter, the court finds that the parties have not shown 25 good cause to stay this matter pending mediation. A mediation has not even been scheduled. 26 Plaintiff has not been deposed. The parties do not say what discovery will need to be completed 27 if the mediation is unsuccessful, and as indicated, the parties have had twice the amount of time 28 1     1 deemed presumptively reasonable to complete discovery. The extended discovery cutoff is now 2 November 24, 2017. 3 IT IS ORDERED; 4 1. The parties’ Stipulation to Stay Discovery and Motion Practice Pending Mediation 5 6 7 8 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. 9 10 PEGGY A. LEEN UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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