Opinion
Case No. 2:12-cv-01215-JCM-NJK
02-12-2013
HEATHER PAINTER, Plaintiff/Counterdefendant, v. AARON ATWOON, D.D.S., and ATWOOD DENTAL CARE, PLLC, Defendants/Counterclaimant
ORDER DENYING PROPOSED
DISCOVERY PLAN (Docket No. 15)
Pending before the Court is the Proposed Joint Discovery Plan and Scheduling Order (# 15), which is hereby DENIED. The proposed discovery plan is deficient in a number of respects. First, the Local Rules require proposed discovery plans to "state the date the first defendant answered or otherwise appeared." Local Rule 26-1(e)(1). The submitted discovery plan fails to do so. Second, the presumptive discovery period is 180 days from the date the first defendant answers. Local Rule 26-1(e)(1). The proposed plan seeks additional time by calculating the 180-day period as commencing from the date "Heather Atwood will have filed a response to Atwood' Counterclaim and Third-Party Complaint of February 12, 2013." See Proposed Joint Discovery Plan and Scheduling Order (# 15) at 3. The parties provide no explanation for this proposed delay. Lastly, the discovery plan must be submitted 14 days after the Rule 26 conference (Local Rule 26-1(d)), which occurred in this case on January 10, 2013. Nonetheless, the parties filed their proposed discovery plan 32 days later, on February 11, 2103, with no explanation for the delay.
Accordingly, the proposed discovery plan is DENIED. The parties are ordered, no later than February 19, 2013, to file another proposed discovery plan that complies with the Local Rules.
IT IS SO ORDERED.
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NANCY J. KOPPE
United States Magistrate Judge