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Devaney v. Select Portfolio Service Corp.

United States District Court, D. Nevada

September 30, 2019

DESIREE DEVANEY, Plaintiff,
v.
SELECT PORTFOLIO SERVICE CORP.; U.S. BANK NA AS TRSUTEE FOR JAMAC CW-1-2006; QUALITY LOAN SERVICE CORP.; DOES I through X; and ROE BUSINESS ENTITIES I through X, inclusive, Defendants.

          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)

         A. 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").

         1. 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.

         2. 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, 2019.

         3. 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 cut-off date.

         4. 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.

         5. 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.

         6. Dispositive Motions: The date for filing dispositive motions shall be on or before February 14, 2020, thirty (30) days after the discovery cut-off date.

         7. 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.

         8. Electronic Evidence: No party has demanded a jury trial.

         9. 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 ...

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