Salvador v. Bank Of New York Mellon

Filing 36

ORDER denying 32 Proposed Discovery Plan/Scheduling Order. Plaintiff must initiate a scheduling conference to be held no later than February 14, 2018. Signed by Magistrate Judge Carl W. Hoffman on 1/24/2018. (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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EDITHA F. SALVADOR,

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Plaintiff,
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v.
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BANK OF NEW YORK MELLON, et al.,
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Defendants.
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_______________________________________ )

Case No. 2:17-cv-02857-APG-CWH

ORDER

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Presently before the Court is Defendant Quality Loan Service Corporation’s proposed

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discovery plan (ECF No. 32), filed on January 19, 2018. No other party participated in the proposed

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discovery plan.

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Under Local Rule 26-1(a), a plaintiff must initiate a scheduling conference within 30 days

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after the first defendant answers or otherwise appears in this case. The scheduling conference must

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satisfy the requirements set forth in Federal Civil Rule of Civil Procedure 26(f). In this case,

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Defendant Quality Loan Servicing Corp appeared by filing a motion to dismiss (ECF No. 11), on

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December 6, 2017. Defendant Select Portfolio Servicing, Inc. then appeared on December 11, 2018

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(ECF No. 14), followed by Defendants Bank of New York Mellon and Bayview Loan Servicing,

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LLC on December 26, 2017 (ECF No. 19), and Defendant Bank of America on January 2, 2018

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(ECF No. 22). Plaintiff was therefore required to initiate a scheduling conference no later than

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January 5, 2018, which is thirty days after the first Defendant appeared. In its proposed discovery

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plan, Defendant represents that pro se Plaintiff Editha Salvador has not initiated a scheduling

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conference, and instead suggests its own discovery plan. Absent a conference between parties, the

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Court does not find that the proposed discovery plan meets the requirements of either Local Rule 26-

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1(a) or Fed. R. Civ. P. 26(f). The Court will therefore not approve Defendant’s proposed discovery

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plan. The responsibility to initiate such a conference falls to Plaintiff.

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IT IS THEREFORE ORDERED that Defendant’s proposed discovery plan (ECF No. 32) is
DENIED without prejudice.
IT IS FURTHER ORDERED that pro se Plaintiff Editha Salvador must initiate a scheduling

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conference in accordance with Local Rule 26-1(a) and Federal Rule of Civil Procedure 26(f), to be

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held no later than February 14, 2018.

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DATED: January 24, 2018

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_________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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