Davis v. State Farm Fire and Casualty Company

Filing 10

ORDER Denying 8 Proposed Discovery Plan/Scheduling Order. An amended discovery plan shall be filed by 10/6/2017. Signed by Magistrate Judge Nancy J. Koppe on 10/3/17. (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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STACY KENNEDY DAVIS,

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Plaintiff(s),

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v.

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STATE FARM FIRE AND CASUALTY
COMPANY,

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Defendant(s).
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Case No. 2:17-cv-02488-JCM-NJK
ORDER
(Docket No. 8)

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Pending before the Court is a discovery plan seeking special scheduling review. Docket No. 18.

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The presumptively reasonable discovery period is 180 days calculated from the date of the first

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defendant’s appearance. See Local Rule 26-1(b)(1). The discovery plan seeks a longer discovery period

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apparently because that was the deadline set by the state court prior to removal. See Docket No. 8 at 2.

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The parties have failed to explain why the Court should deviate from its own local rules in this regard.

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Second, the discovery plan fails to provide the certifications required by Local Rules 26-1(b)(7), (8), and

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(9). Third, the discovery plan misstates the deadline to seek extensions, indicating that they must be

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filed at least 21 days before the discovery cutoff. Docket No. 8 at 3. The local rules require the filing

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of a request to extend at least 21 days before the subject deadline to which extension is sought. See

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Local Rule 26-4. For example, a request to extend the expert disclosure deadline filed 21 days before

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the discovery cutoff would be untimely, as it was due at least 21 days before the expert disclosure

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deadline.

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Accordingly, the discovery plan is DENIED without prejudice. An amended discovery plan
shall be filed by October 6, 2017.

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IT IS SO ORDERED.

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DATED: October 3, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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