Lopez v. State Farm Mutual Automobile Insurance Company
Filing
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ORDER Denying 10 Proposed Discovery Plan/Scheduling Order. Parties are ordered to file Discovery Plan/Scheduling Order due by 2/6/2013. Signed by Magistrate Judge Nancy J. Koppe on 2/4/13. (Copies have been distributed pursuant to the NEF - EDS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JAVIER LOPEZ,
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Pending before the Court is the proposed discovery plan (Docket No. 10), which is hereby
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Plaintiff,
vs.
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, et al.,
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Defendants.
Case No. 2:12-cv-02137-GMN-NJK
ORDER DENYING PROPOSED
DISCOVERY PLAN (Docket No. 10)
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DENIED. The proposed discovery plan is deficient in a number of respects. First, the Local Rules
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require proposed discovery plans to “state the date the first defendant answered or otherwise
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appeared.” Local Rule 26-1(e)(1). The submitted discovery plan fails to do so. Second, where
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deadlines beyond those listed in Local Rule 26-1 are sought, “the plan shall state on its face
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‘SPECIAL SCHEDULING REVIEW REQUESTED.’” Local Rule 26-1(d). The proposed
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discovery plan seeks extended deadlines but does not provide this statement. Third, the presumptive
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discovery period is 180 days from the date the first defendant answers. Local Rule 26-1(e)(1). The
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proposed plan seeks additional time by calculating the 180-day period as commencing from the date
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of the Rule 26-1 conference and the only reason provided for doing so is “to ensure sufficient time
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to conduct all necessary discovery.” See Docket No. 10 at 1. This is not a sufficient reason for an
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extension of the discovery period. Lastly, the discovery plan must be submitted 14 days after the
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Rule 26 conference (Local Rule 26-1(d)), which occurred in this case on January 16, 2013.
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Nonetheless, the parties filed their proposed discovery plan 16 days later, on February 1, 2103, with
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no explanation for the delay.
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//
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Accordingly, the proposed discovery plan is DENIED. The parties are ordered, no later than
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February 6, 2013, to file another proposed discovery plan based on the 180-day discovery period
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outlined in Local Rule 26-1(e)(1).
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IT IS SO ORDERED.
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DATED this 4th day of February, 2013.
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______________________________________
NANCY J. KOPPE
United States Magistrate Judge
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