Ally Financial Inc. et al v. Mountain West Auto Group LLC et al

Filing 28

ORDER TO FILE JOINT CASE MANAGEMENT REPORT - The parties shall file a joint case management report by no later than Tuesday, November 12, 2024. IT IS SO ORDERED. Signed by Magistrate Judge Carla Baldwin on 9/25/2024. (Copies have been distributed pursuant to the NEF - HL)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ALLY FINANCIAL INC., et. al.,

Case No. 3:24-cv-00268-MMD-CLB

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Plaintiffs,

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v.

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ORDER TO FILE CASE
MANAGEMENT REPORT

MOUNTAIN WEST AUTO GROUP LLC,
et. al.,
Defendants.

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Pursuant to Federal Rule of Civil Procedure 16, United States Magistrate Judge

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Carla Baldwin concludes that a Rule 16 Case Management Report will assist the parties,

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counsel, and the Court in managing and overseeing discovery in this matter. Upon receipt

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of joint report, the Court will determine whether a case management conference should

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be set to assist in managing discovery.

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Therefore, IT IS HEREBY ORDERED that:

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A. Meet and Confer

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The parties shall meet and confer on items required to be included in the Joint

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Case Management Report.

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B.

Joint Case Management Report

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After the meet and confer, the parties shall file a Joint Case Management Report

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by no later than Tuesday, November 12, 2024. The Case Management Report shall

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not exceed fifteen (15) pages and shall not include any attached exhibits.

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However, if any party fails to participate in preparing the Joint Case Management

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Report, the non−offending party shall detail the party's effort to get the offending party to

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participate in drafting the report. The non-offending party shall still file the report. The

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offending party may be subject to sanctions, including monetary sanctions to compensate

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the non−offending party's time and effort incurred in seeking compliance with this order.

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C. Contents of Joint Case Management Report

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The Joint Case Management Report shall include the following information in

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separately numbered paragraphs as designated below:
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A short statement of the nature of the case (three pages or less), including

a description of each claim and defense;
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The jurisdictional bases for the case, citing specific jurisdictional statutes. If

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jurisdiction is based on diversity, the citizenship of each party shall be identified and the

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amount in controversy must be stated;

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3.

Whether any party expects to add additional parties to the case or otherwise

amend the pleadings;

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4.

Whether there are any pending motions, including a brief description of

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those motions;

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5.

Whether this case is related to any other case pending before this court or

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any other court, including a bankruptcy court, and if so, provide a brief description of the

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status of those case(s);

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6.

the following issues:
a)

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A complete and detailed statement related to discovery, which addresses

The date the Rule 26(f) initial disclosures were provided, or will be

provided, by each party;
b) A brief statement regarding, what discovery requests have been served

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by any party, who the requests were served upon, and the due dates for

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those requests;

responses to

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c) Whether the parties anticipate the need for a protective order relating to

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the discovery of information relating to a trade secret or other confidential research,

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development, or commercial information;

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d)

Any issues or proposals relating to the timing, sequencing, phasing or

scheduling of discovery;
e)

Whether the parties anticipate the need to take discovery outside of the
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District of Nevada or the United States and, if so, a description of the proposed discovery;

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and,
f)

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A summary of the number of depositions each party anticipates taking,

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information related to the anticipated location of those depositions, and whether any party

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anticipates video and/or sound recording of depositions.
7.

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A brief statement regarding the types of ESI expected in the case, where

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the ESI is located, a statement of any agreements reached by the parties related to ESI

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on the issues listed above, and any outstanding disagreements between the parties

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related to ESI.

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8.

In the event the Court has not already approved a discovery plan and

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scheduling order, the parties shall include proposed firm dates for each of the following

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pursuant to Local Rule 26-1:

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a) A deadline for the completion of discovery;

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b) A deadline for amending the pleadings and adding parties;

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c) Dates for complete disclosure of expert testimony;

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d) A deadline for the filing of dispositive; and,

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e) A date by which the parties will file the joint pretrial order.

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The parties shall state whether the dates proposed in this paragraph are within the

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deadlines specified in LR 26-1(f). If so, then the parties’ report shall state, “THE

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DEADLINES SUBMITTED HEREIN ARE IN COMPLIANCE WITH LR 26-1(b).” If longer

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deadlines are sought, the parties’ report shall state “SPECIAL SCHEDULING REVIEW

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REQUESTED.” If the parties request special scheduling review of the LR 26-1(b)

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deadlines, the parties shall include a statement of the reasons why longer or different time

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periods should apply to the case. If the parties disagree as to the LR 26-1(b) deadlines,

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a statement of each party’s position on each point of dispute should be provided.
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Whether a jury trial has been requested, whether the request for a jury trial

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is contested (if the request is contested, set forth reasons), and an estimated length for

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trial.
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10.

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A statement as to the possibility of settlement and when the parties desire

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a court sponsored settlement conference, i.e., before further discovery, after discovery,

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after dispositive motions, etc.
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Whether the parties intend to proceed before the magistrate judge.

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Presently, when a civil trial is set before the district judges, any criminal trial set that

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conflicts with the civil trial will take priority, even if the civil trial was set first. Continuances

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of civil trials under these circumstances may no longer be entertained, absent good

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cause, but the civil trial may instead trail from day to day or week to week until the

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completion of either the criminal case or the older civil case. The parties are advised that

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they are free to withhold consent or decline magistrate jurisdiction without adverse

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substantive consequences. 1
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suggestion for shortening or expediting discovery, pre−trial motions or trial.
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Whether either party requests bifurcation or phasing of trial or has any other

Whether either party requests that a case management conference be set

in the case.

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The parties are reminded that the filing of a dispositive motion does not stay a case

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in federal court, nor does it excuse the parties with proceeding with their discovery

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obligations as required by the Local Rules and the Federal Rules of Civil Procedure.

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Failure to follow the Local Rules and comply with discovery obligations without first

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obtaining an order from the Court either delaying discovery requirements, staying

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discovery or staying the entire case may result in sanctions.

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A form to be used for consent to proceed before the Magistrate Judge may be
found on the Court’s website, www.nvd.uscourts.gov/court-information/forms/ (AO 85,
Notice, Consent, and Reference of a Civil Action to a Magistrate Judge). Consent forms
should NOT be electronically filed. Upon consent of the parties, the form shall be sent
directly to clerk’s office for processing.
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Should counsel or a party fail to comply with the directions as set forth above, an

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ex parte hearing may be held and contempt sanctions, including monetary sanctions,

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dismissal, default, or other appropriate judgment, may be imposed and/or ordered.

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IT IS SO ORDERED.

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DATED: September 25, 2024.

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___________________________________
UNITED STATES MAGISTRATE JUDGE

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