McLean v. Spring Mountain Treatment Center

Filing 13

ORDER Granting in part and Denying in part 12 Stipulation to Extend Time to Answer/Respond re: 1 Complaint. Spring Mountain Treatment Center answer due 8/27/2018. Signed by Magistrate Judge Nancy J. Koppe on 8/7/2018. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRIAN MCLEAN,

Case No.: 2:18-cv-01056-GMN-NJK

Plaintiff(s),
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Order

v.
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[Docket No. 12]
SPRING MOUNTAIN TREATMENT
CENTER,
Defendant(s).
Pending before the Court is a stipulation to extend the deadline to respond to the complaint

17 to 14 days after the early neutral evaluation. Docket No. 12. In particular, the parties seek an
18 order allowing this case to proceed through the early neutral evaluation process without the filing
19 of a response to the complaint so that they can avoid expending their resources in briefing a motion
20 to compel arbitration. Id.
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The normal course is for an early neutral evaluation to occur after the filing of a response

22 to the complaint, cf. Local Rule 16-6(d), at which point the parties are formally before the Court.
23 The Court is not persuaded to depart from that standard practice based on the cost associated with
24 briefing a motion to compel arbitration. Instead, to the extent the costs associated therewith are
25 truly an impediment to settlement discussions, counsel shall immediately discuss resolution of this
26 matter without waiting for the early neutral evaluation. See Docket No. 11 at 2 n.2. The Court
27 finds this approach is most faithful to the goals of fostering a just, speedy, and inexpensive
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1 resolution of this case. See Fed. R. Civ. P. 1. To enable those settlement discussions, the Court
2 will extend the deadline for Defendant to respond to the complaint to August 27, 2018.1
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For the reasons discussed above, the stipulation to extend is hereby GRANTED in part

4 and DENIED in part.
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IT IS SO ORDERED.

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Dated: August 7, 2018
______________________________
Nancy J. Koppe
United States Magistrate Judge

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The deadline to respond to the complaint has already been extended from July 5 to August
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