Malcolm v. Acrylic Tank Manufacturing of Nevada et al

Filing 81

ORDER denying 77 Stipulation; Joint Status Report due by 7/19/2018. Status Conference set for 7/24/2018 at 09:30 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Those wishing to appear telephonically are instructed to contact Jeff Miller, Courtroom Deputy, at [phone] before 4:00 p.m. July 19, 2018. Signed by Magistrate Judge Peggy A. Leen on 6/18/2018. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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STEVEN MALCOLM,

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v.

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Case No. 2:17-cv-01108-JCM-PAL
Plaintiff,

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ACRYLIC TANK MANUFACTURING OF
NEVADA,

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ORDER

Defendant.

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This matter is before the court on the parties’ Stipulation and Joint Motion to Stay

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Discovery and Extend Discovery Deadlines [Third Request to Extend Discovery] (ECF No. 77),

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and the parties’ Joint Status Report (ECF No. 80).

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The parties request a stay of this case to conduct and conclude mediation. They also ask

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for a 60-day extension of the discovery plan and scheduling order deadlines should the case not

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resolve through mediation. The parties propose a 60-day extension to complete discovery

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measured from the date of an unsuccessful mediation which has not yet been scheduled. The

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parties hope to set the mediation in July or August 2018. If the mediation is not successful, 32

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depositions in Nevada, Colorado and Scotland will need to be taken. Finally, the parties seek an

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indeterminate stay until a motion to intervene in a related District of Colorado case which has not

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yet been filed by defendant ATM is decided.

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The court will not grant an open-ended stay premised on an intention to mediate when the

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mediator has not yet been selected, and a date for mediation had not yet been scheduled. The court

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will grant a 30-day stay to enable the parties to select a mediator and obtain a firm date certain for

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the mediation.

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IT IS ORDERED that:

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1. The parties’ Stipulation and Joint Motion to Stay Discovery and Extend Discovery

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Deadlines (ECF No. 77) is DENIED. However, the court will GRANT a 30-day stay

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of discovery.

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2. A Status Conference is set for 9:30 a.m. July 24, 2018, in Courtroom 3B. The parties
shall file a Joint Status Report with the court no later than July 19, 2018.
3. Counsel may appear telephonically.

Those wishing to appear telephonically are

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instructed to contact Jeff Miller, Courtroom Deputy, at [phone] before 4:00

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p.m. July 19, 2018, to indicate the name of counsel participating and a telephone

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number where counsel may be reached for the hearing. The courtroom deputy will

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initiate the call for the hearing.

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DATED this 18th day of June, 2018.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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