Opinion
Case No. 2:12-cv-00827-GMN-NJK
03-29-2013
MINELABS AMERICAS, INC., Plaintiff(s), v. UKR TRADE, INC., et al., Defendant(s).
ORDER DENYING PROPOSED
DISCOVERY PLAN AS PREMATURE
(Docket No. 25)
Pending before the Court is the parties' proposed discovery plan (Docket No. 25), which is hereby DENIED as premature. The requirement to file a discovery plan is triggered when the first defendant "answers or otherwise appears." See Local Rules 26-1(d), 26-1(e). To date, no answers have been filed. Defendants UKR Trade, Inc. and Pavlenko have filed a motion to dismiss. See Docket No. 12. While other types of motions to dismiss may trigger the discovery deadlines in the Local Rules, a motion to dismiss for lack of personal jurisdiction is a special appearance limited to challenging personal jurisdiction. See, e.g., Gerber v. Riordon, 649 F.3d 514, 520 (6th Cir. 2011). As such, there has been no appearance for purposes of Local Rule 26-1(d) and 26-1(3), and the proposed discovery plan is premature.
Judge Navarro has denied that motion with leave to re-file subject to jurisdictional discovery. Docket No. 26. The parties shall commence the jurisdictional discovery forthwith.
The Court appreciates the parties' efforts to ensure compliance with the Local Rules by filing the discovery plan in an abundance of caution.
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IT IS SO ORDERED.
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NANCY J. KOPPE
United States Magistrate Judge