Zacarias-Mejia v. GEICO Casualty Company
| Oliver Zacarias-Mejia |
| GEICO Casualty Company |
| 2:2023cv00053 |
| January 10, 2023 |
| US District Court for the District of Nevada |
| Miranda M Du |
| Elayna J Youchah |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 19 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 3/9/2023. By Judicial Assistant: E. Santiago.Before the Court is the parties' Stipulated Discovery Plan and Scheduling Order. ECF No. #18 .The Court reviewed the Stipulated Discovery Plan and Order that again seeks a 240-day discovery period. The parties base their request solely on a pending Motion to Dismiss the outcome of which may affect what claims proceed. Id. at 2. The parties also appear to indicate agreement to a stay of discovery "until there is a ruling on the Motion [to Dismiss]." Id. The parties' Stipulated Plan and Order remains in violation of United States District Court for the District of Nevada Local Rule 26-1(a). This Rule states, in pertinent part: "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 or different time periods should apply to the case...." The law is clear that a pending motion to dismiss is not grounds, on its own, to stay discovery. Money v. Banner Health, Case No. 3:11-cv-00800-LRH-WGC, 2012 WL 1190858, at *5 (D. Nev. Apr. 9, 2012), citing Turner Broadcasting Systems, Inc. v. Tracinda Corp., 175 F.R.D. 554, 556 (D. Nev. 1997); Twin City Fire Insurance Co. v. Employers Ins. of Wausau, 124 F.R.D. 652, 653 (D. Nev. 1989). Thus, the pending Motion to Dismiss, by itself, is not sufficient grounds to extend discovery deadlines. If the parties seek a stay of discovery, they are free to file a stipulation or joint motion seeking a stay. The parties must support their request for a stay with a short, but nonetheless, thorough, recitation of facts and law.Accordingly, IT IS HEREBY ORDERED that the parties' Stipulated Discovery Plan and Scheduling Order (ECF No. #18 ) is DENIED.IT IS FURTHER ORDERED that the Court exercises its board authority to control discovery and sets a 180-day discovery period with the below dates serving as the operative deadlines:Discovery Cutoff: July 17, 2023Deadline to Amend Pleadings and Add Parties: April 18, 2023Disclosure of Initial Experts and Expert Reports: May 18, 2023Disclosure of Rebuttal Experts and Expert Reports: June 19, 2023Deadline to File Dispositive Motions: August 16, 2023Deadline to File Joint Pretrial Order: September 15, 2023** This deadline is suspended if dispositive motions are timely filed, and in such case, the deadline for filing the Joint Pretrial Order shall be 30 days after a decision on the dispositive motions or by further order of the Court. (no image attached) (Copies have been distributed pursuant to the NEF - ES) |
| Filing 18 Stipulated Discovery Plan and Scheduling Order by Plaintiff Oliver Zacarias-Mejia.. (Ruiz, Yvonne) |
| Filing 17 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 3/7/2023. By Law Clerk: C. Ponder. Before the Court is the parties' Stipulated Discovery Plan and Scheduling Order. ECF No. #16 .A review of the stipulated plan and order shows the parties seek a 240-day discovery period but fail to provide any reason for the extension requested. The parties are in violation of United States District Court for the District of Nevada Local Rule 26-1(a). This Rule states, in pertinent part: "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 or different time periods should apply to the case...."Accordingly, IT IS HEREBY ORDERED that the parties' Stipulated Discovery Plan and Scheduling Order (ECF No. #16 ) is DENIED without prejudice.IT IS FURTHER ORDERED that within 14 days of the date of this Order, the parties must file a revised Stipulated Discovery Plan and Scheduling Order that complies with Local Rule 26-1. (no image attached) (Copies have been distributed pursuant to the NEF - CMP) |
| Filing 16 Stipulated Discovery Plan and Scheduling Order by Plaintiff Oliver Zacarias-Mejia.. (Ruiz, Yvonne) |
| Filing 15 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 3/6/2023. By Law Clerk: C. Ponder. It has come to the attention of the Court that the parties have failed to file a proposed discovery plan and scheduling order in accordance with United States District Court for the District of Nevada Local Rule 26-1. Accordingly, IT IS HEREBY ORDERED that the parties must file a joint proposed discovery plan and scheduling order within 14 days of the date of this Order. (no image attached) (Copies have been distributed pursuant to the NEF - CMP) |
| Filing 14 REPLY to Response to #7 Motion to Dismiss by Defendant GEICO Casualty Company. (Carlson, Jonathan) |
| Filing 13 STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Chief Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 12 RESPONSE to #7 Motion to Dismiss by Plaintiff Oliver Zacarias-Mejia. Replies due by 2/7/2023. (Ruiz, Yvonne) |
| Filing 11 CLERK'S NOTICE that this case is randomly reassigned to Chief Judge Miranda M. Du and Magistrate Judge Elayna J. Youchah for all further proceedings. All further documents must bear the correct case number 2:23-cv-00053-MMD-EJY. (no image attached) (DRS) |
| Filing 10 NOTICE to Clerk of Court Regarding Assignment of Case to Magistrate Judge. (Document restricted under General Order 2021-03.) |
| Filing 9 Joint STATUS REPORT by Defendant GEICO Casualty Company.. (Carlson, Jonathan) |
| Filing 8 STATEMENT REGARDING REMOVAL by Defendant GEICO Casualty Company.. (Carlson, Jonathan) |
| Filing 7 MOTION to Dismiss by Defendant GEICO Casualty Company. Responses due by 1/31/2023. (Carlson, Jonathan) |
| Filing 6 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 1/10/2023. Statement regarding removed action is due by 1/25/2023. Joint Status Report regarding removed action is due by 2/9/2023. (Copies have been distributed pursuant to the NEF - HAM) |
| Filing 5 NOTICE of Assignment of Case to a United States Magistrate Judge pursuant to General Order 2021-03. Attached is a form to indicate whether you consent or decline to proceed before a Magistrate Judge. Please submit your consent or declination form within 21 days of filing your complaint or appearing as a defendant. See notice for details. Consent or declination is due by 1/31/2023. Please file the completed form under the filing event called Notice to Clerk - Consent or Declination in the Representation and Appearances civil menu category. (HAM) |
| Filing 4 CLERK'S NOTICE Regarding Local Rule Violation: Attorney Elaine H Marzola is in violation of Local Rule IA 3-1 and IC 2-1(g). You are required to update your contact information. Please visit the PACER website www.pacer.gov to update your contact information and to link your CM/ECF account to your individual PACER account. (no image attached) The Clerk's office kindly requests co-counsel, Yvonne Ruiz, notifiy Ms Marzola of this Notice. (DRS) |
| Filing 3 DEMAND for Trial by Jury by Defendant GEICO Casualty Company. (Carlson, Jonathan) |
| Filing 2 CERTIFICATE of Interested Parties by GEICO Casualty Company that identifies all parties that have an interest in the outcome of this case. Corporate Parent Berkshire Hathaway, Inc., Other Affiliate Government Employees Insurance Company for GEICO Casualty Company added. (Carlson, Jonathan) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court Clark County Nevada, Case Number A-22-862786-C, (Filing fee $ 402 receipt number ANVDC-7168355) by GEICO Casualty Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet) (Carlson, Jonathan) 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. |
| Case randomly assigned to Magistrate Judge Elayna J. Youchah. (HAM) |
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