Batista-Mora et al v. Sancho et al
Juan Batista-Mora, Manuel Batista-Alaba and Santa Dolores Blanco-Hernandez |
Fernando Sancho and Excel Leasing, Inc. |
2:2023cv01302 |
August 22, 2023 |
US District Court for the District of Nevada |
Daniel J Albregts |
James C Mahan |
P.I.: Other |
28 U.S.C. ยง 1441 Petition for Removal- Personal Injury |
Plaintiff |
Docket Report
This docket was last retrieved on December 20, 2023. A more recent docket listing may be available from PACER.
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Filing 9 SCHEDULING ORDER granting #8 Discovery Plan and Scheduling Order. Discovery due by 2/19/2024. Motions due by 3/20/2024. Proposed Joint Pretrial Order due by 4/19/2024. Signed by Magistrate Judge Daniel J. Albregts on 10/5/2023. (Copies have been distributed pursuant to the NEF - CAH) |
Filing 8 First Stipulated Discovery Plan and Scheduling Order by Plaintiffs Manuel Batista-Alaba, Juan Batista-Mora, Santa Dolores Blanco-Hernandez.. (Petersen, Peter) |
Filing 7 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 9/20/2023. Re: #6 Joint discovery plan. Having reviewed the parties' proposed discovery plan, the Court notes that it fails to provide the number of days that the parties seek for discovery, fails to provide the date from which they calculated their discovery deadlines, and fails to provide the date they are requesting for their discovery cutoff. See Local Rule 26-1(b)(1) ("The plan must state the date the first defendant answered or otherwise appeared, the number of days required for discovery measured from that date, and the calendar date on which discovery will close."). To the extent the parties request special scheduling review, that information is still required. See Local Rule 26-1(a)("Plans requesting special scheduling review must include, in addition to the information required by Fed. R. Civ. P. 26(f) and LR 26-1(b), a statement of the reasons why longer of different time periods should apply...") (emphasis added). The parties also cite to the old rule for discovery extensions (Local Rule 26-4) rather than the new rule (Local Rule 26-3), which rule was amended over three years ago. Finally, although it appears that all parties have agreed to the plan, the plan is titled a "joint discovery plan" rather than a "stipulated discovery plan" as required by Local Rule 7-1(c) ("A stipulation that has been signed by fewer than all the parties or their attorneys will be treatedand must be filedas a joint motion."). IT IS THEREFORE ORDERED that the joint discovery plan #6 is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the parties shall have until October 4, 2023 to file a revised stipulated discovery plan. (no image attached) (Copies have been distributed pursuant to the NEF - KL) |
Filing 6 First Stipulated Discovery Plan and Scheduling Order by Plaintiffs Manuel Batista-Alaba, Juan Batista-Mora, Santa Dolores Blanco-Hernandez.. (Petersen, Peter) |
Filing 5 DEMAND for Trial by Jury by Plaintiffs Manuel Batista-Alaba, Juan Batista-Mora, Santa Dolores Blanco-Hernandez. (Petersen, Peter) |
Filing 4 STATEMENT REGARDING REMOVAL by Defendant Fernando Sancho.. (Westbrook, Alan) |
Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 8/23/2023. By Deputy Clerk: A. Zamora. Statement regarding removed action is due by 9/7/2023. Joint Status Report regarding removed action is due by 9/22/2023. (Copies have been distributed pursuant to the NEF - ALZ) |
Case randomly assigned to Judge James C. Mahan and Magistrate Judge Daniel J. Albregts. (ALZ) |
Filing 2 CERTIFICATE of Interested Parties by Fernando Sancho that identifies all parties that have an interest in the outcome of this case. Corporate Parent Excel Leasing, Inc. for Fernando Sancho added. (Westbrook, Alan) |
Filing 1 PETITION FOR REMOVAL from Eighth Judicial, Case Number A-22-862082-C, (Filing fee $ 402 receipt number BNVDC-7403317) by Fernando Sancho, Excel Leasing, Inc.. Certificate of Interested Parties due by 9/1/2023. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R) (Westbrook, Alan) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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