Dailey-Adams v. Albertson's LLC

Filing 9

ORDER denying 8 Proposed Discovery Plan/Scheduling Order. Signed by Magistrate Judge George Foley, Jr on 12/12/2017. (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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DANITA DAILEY-ADAMS ,

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Plaintiff,
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vs.
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ALBERTSON’S LLC,
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Defendant.
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__________________________________________)

Case No. 2:17-cv-02602-GMN-GWF
ORDER

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This matter is before the Court on the parties’ proposed Joint Stipulated Discovery Plan and
Scheduling Order (ECF No. 8), filed on December 11, 2017.
The parties’ proposed discovery plan contains internal errors that are not consistent with the

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docket. Specifically, the parties state that “Alliance [sic] appeared on July 11, 2016 by filing an

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Answer.” However, the only Defendant in this action is Albertson’s LLC and this litigation did not

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commence until Plaintiff filed her Complaint on August 30, 2017. See Petition for Removal (ECF No.

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1), Exhibit A. At this juncture, Defendant has not answered or otherwise responded to Plaintiff’s

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complaint aside from filing its Petition for Removal—which does not contain an answer. Therefore,

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the parties’ proposed discovery plan and scheduling order is premature. Accordingly,

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IT IS HEREBY ORDERED that the parties’ proposed Joint Stipulated Discovery Plan and
Scheduling Order (ECF No. 8) is denied without prejudice.
DATED this 12th day of December, 2017.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge