Painter v. Atwood et al
Filing
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ORDER Denying #15 Proposed Discovery Plan and Scheduling Order. Discovery Plan and Scheduling Order due by 2/19/2013. Signed by Magistrate Judge Nancy J. Koppe on 2/12/2013. (Copies have been distributed pursuant to the NEF - SLR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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7 HEATHER PAINTER,
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Plaintiff/Counterdefendant, )
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vs.
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AARON ATWOON, D.D.S., and ATWOOD
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DENTAL CARE, PLLC,
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Defendants/Counterclaimant )
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Case No. 2:12-cv-01215-JCM-NJK
ORDER DENYING PROPOSED
DISCOVERY PLAN (Docket No. 15)
Pending before the Court is the Proposed Joint Discovery Plan and Scheduling Order (# 15),
14 which is hereby DENIED. The proposed discovery plan is deficient in a number of respects. First,
15 the Local Rules require proposed discovery plans to “state the date the first defendant answered or
16 otherwise appeared.” Local Rule 26-1(e)(1). The submitted discovery plan fails to do so. Second,
17 the presumptive discovery period is 180 days from the date the first defendant answers. Local Rule
18 26-1(e)(1). The proposed plan seeks additional time by calculating the 180-day period as
19 commencing from the date “Heather Atwood will have filed a response to Atwood’ Counterclaim
20 and Third-Party Complaint of February 12, 2013.” See Proposed Joint Discovery Plan and
21 Scheduling Order (# 15) at 3. The parties provide no explanation for this proposed delay. Lastly, the
22 discovery plan must be submitted 14 days after the Rule 26 conference (Local Rule 26-1(d)), which
23 occurred in this case on January 10, 2013. Nonetheless, the parties filed their proposed discovery
24 plan 32 days later, on February 11, 2103, with no explanation for the delay.
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Accordingly, the proposed discovery plan is DENIED. The parties are ordered, no later than
2 February 19, 2013, to file another proposed discovery plan that complies with the Local Rules.
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IT IS SO ORDERED.
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DATED this 12th day of February, 2013.
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______________________________________
NANCY J. KOPPE
United States Magistrate Judge
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