Villaverde v. Aranas et al

Filing 28

ORDER. IT IS ORDERED that 26 Defendant's Motion for Clarification Regarding Discovery Plan/Scheduling Order is GRANTED. IT IS FURTHER ORDERED that 27 Plaintiff's Motion for Request of Scheduling Order is GRANTED. Discovery due by 7/13/2020. Motions due by 8/11/2020. Proposed Joint Pretrial Order due by 9/10/2020. Signed by Magistrate Judge Elayna J. Youchah on 2/12/2020. (Copies have been distributed pursuant to the NEF - JQC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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SALLY VILLAVERDE,

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Case No. 2:18-cv-00921-GMN-EJY

Plaintiff,
ORDER

v.

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ROMEO ARANAS, et al.,

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Defendants.

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Before the Court is Defendants’ Motion for Clarification Regarding Discovery

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Plan/Scheduling Order (ECF No. 26) and Plaintiff’s Motion for Request of Scheduling Order (ECF

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No. 27). Defendants seek clarification of “an electronic ‘Notice of Electronic Filing’ . . . issued [on

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January 6, 2020] wherein the Docket Text provided that a Discovery Plan/Scheduling Order was

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due by . . . February 5, 2020.” Id. at 2:8–10 (internal citation omitted). This notice was entered in

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error by the Clerk’s Office.

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Pursuant to LR 16-1(b), “in actions by or on behalf of inmates under 42 U.S.C. § 1983 ... no

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discovery plan is required,” rather “a scheduling order [is] entered within thirty (30) days after the

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first defendant answers or otherwise appears.” Additionally, “actions brought without an attorney

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by a person in the custody of the United States, a state, or a state subdivision” are “governed by the

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entry of an order establishing a briefing scheduling and other appropriate matters[.]” LR 16-1(c)(3).

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This is an action brought under 42 U.S.C. § 1983. As Plaintiff points out, Defendants have appeared

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and a scheduling order has not yet been entered.

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Further, Fed. R. Civ. P. 26(f)(1) states parties that are exempted from initial disclosures under

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Fed. R. Civ. P. 26(a)(1)(B) are exempted from Fed. R. Civ. P. 26(f)’s discovery conference

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requirements. See Fed. R. Civ. P. 26(f)(1). Fed. R. Civ. P. 26(a)(1)(B) exempts actions “brought

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without an attorney by a person in the custody of the United States, a state, or a state subdivision.”

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Here, Plaintiff is incarcerated and does not have an attorney. Accordingly, LR 16-1 and Fed. R. Civ.

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P. 26 exempts the parties from providing a discovery plan and scheduling order. Therefore, this

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Court is required to enter the standard inmate discovery plan and scheduling order.

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Accordingly, and for good cause shown,

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IT IS HEREBY ORDERED that Defendant’s Motion for Clarification Regarding Discovery

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Plan/Scheduling Order (ECF No. 26) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Request of Scheduling Order (ECF

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No. 27) is GRANTED. The following scheduling deadlines apply:
1.

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DISCOVERY: Pursuant to LR 16-1(b), discovery in this action shall be completed

on or before July 13, 2020.
2.

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Any and all pleadings that may be brought under Fed. R. Civ. P. 13 and 14 or joining

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additional parties under Fed. R. Civ. P. 19 and 20, shall be filed and served no later than April 13,

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2020.

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contemporaneously therewith cause a copy of this Order to be served upon the new party or parties.

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Any party causing additional parties to be joined or brought into this action shall

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Amendments to pleadings as provided for under Fed. R. Civ. P. 15, if the same are

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allowed without leave of court, or motions for leave to amend, shall comply with LR 15-1 and shall

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be filed and served not later than April 13, 2020.

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4.

Expert disclosures shall be made on or before May 13, 2020, and the disclosures of

rebuttal experts shall be made on or before June 14, 2020.

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5.

Dispositive Motions shall be filed and served no later than August 11, 2020.

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6.

The Joint Pretrial Order is due by September 10, 2020. If dispositive motions are

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filed, the joint pretrial order is due thirty (30) days from the entry of the court’s rulings on the motions

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or by further order of the court.

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The Interim Status Report must be filed or before May 13, 2020.

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8.

EXTENSIONS OF DISCOVERY:

Pursuant to LR 26-4, an extension of the

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discovery deadline will not be allowed without a showing of good cause. All motions or stipulations

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to extend discovery shall be received by the Court at least twenty-one (21) days prior to the date

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fixed for completion of discovery by this Scheduling Order, or at least twenty-one (21) days prior to

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the expiration of any extension thereof that may have been approved by the Court. The motion or

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stipulation shall include:

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(a)

A statement specifying the discovery completed by the parties of the date of

the motion or stipulation;

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(b)

A specific description of the discovery which remains to be completed;

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(c)

The reasons why such remaining discovery was not completed within the

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time limit of the existing discovery deadline; and
(d)

A proposed schedule for the completion of all remaining discovery.

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DATED: February 12, 2020

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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