United States District Court, D. Nevada
McCarthy & Holthus, LLP, Kristin A. Schuler-Hintz, Esq.,
SBN: 7171, Shane P. Gale, Esq., SBN: 12967, Attorneys for
Quality Loan Service Corporation.
Desiree Devaney, Appearing Pro se.
JOINT DISCOVERY PLAN AND SCHEDULING ORDER (SPECIAL
SCHEDULING REVIEW REQUESTED)
Fed. R. Civ. P. 26(f) Conference: Pursuant
to Fed. R. Civ. Pro 26(f), a conference meeting in the
above-entitled case was held on September 20,
2019, and was attended by Shane P. Gale, of McCarthy
& Holthus LLP, attorney for Quality Loan Service
Corporation (hereinafter "Quality"), and Desiree
Devaney (hereinafter "Devaney").
Discovery Cut-Off Date: Quality first
appeared in this action, on July 24, 2019, by filing an
Motion to Dismiss (ECF Doc. 5). Discovery shall close
March 18, 2020, one hundred eighty (180)
days from September 20, 2019, the date of
the parties' 26(f) conference.
Statement Regarding Longer Discovery Period (LR 26-(d))
Special Review Requested: The Parties request a
longer discovery period than set forth in LR 26-1 because
Desiree Devaney did not initiate scheduling of the Rule 26(f)
conference until September 18, 2019. Moreover, Quality's
Motion to Dismiss, based on jurisdictional grounds, is still
pending before the Court. On this basis, the parties engaged
in the 26(f) conference on September 20,
Amending the Pleadings and Adding
Parties:All motions to amend the pleadings or
to add parties shall be filed on or before December
19, 2019, ninety (90) days before the discovery
Interim Status Report: The parties shall
file the interim status report required by LR 26-3 on or
before January 17, 2020, sixty (60) days
before the discovery cutoff date.
Fed. R. Civ. P. 26(a)(2) Disclosures
(Experts): Disclosures concerning experts shall
be made on or before January 17, 2020, sixty
(60) days before the discovery cut-off date. Disclosures of
rebuttal expert shall be made on or before February
18, 2020, thirty (30) days after the initial
disclosure of experts.
Dispositive Motions: The date for filing
dispositive motions shall be on or before February
14, 2020, thirty (30) days after the discovery
Pretrial Order: The date for filing of the
joint pretrial order shall on or before March 16,
2020, thirty (30) days after February 14,
2020, the date set for filing dispositive motions.
In the event that dispositive motions are filed, the date for
filing the joint pretrial order shall be suspended until
thirty (30) days after decision on the dispositive motion or
until further order of this Court. The parties shall include
the disclosures required pursuant to Fed.R.Civ.P. 26(a)(3),
and any objection thereto, in the pretrial order.
Electronic Evidence: No party has demanded
a jury trial.
Fed. R. Civ. P. 26(f)(3) Scope of
Discovery: The parties agree that there should
be no changes in the timing, form, or requirements for
disclosure under Rule 26(a). Initial disclosure will be made
fourteen (14) days after the Court rules on Quality's
Motion to Dismiss (ECF Doc. 5, 13, and 23).
A. The parties agree that discovery should be allowed on all
claims and defenses and extend to the full extent allowed by
the Federal Rules of Civil Procedure.
B. The parties do not anticipate at this time that discovery
will be required of electronically stored information, or if
required will not be substantial or voluminous. As a result,
the parties agree that, to the extent there exists
electronically stored information responsive to document
requests at the time of the request, it can be produced in
hard copy and not native form. The parties ...