Filed: Feb. 04, 2016
Latest Update: Feb. 04, 2016
Summary: STIPULATION AND PROPOSED ORDER CARL W. HOFFMAN , Magistrate Judge . COME NOW, the parties, by and through their undersigned counsel of record, hereby stipulate and agree as follows: 1. Plaintiff filed his Amended Complaint on December 11, 2015 (Dckt. # 5). Defendant City of Henderson filed a motion to dismiss on January 5, 2016 (Dckt. #17). Pursuant to Fed. R. Civ. P. 15(a), Plaintiff had until January 22, 2016, to file a response to the motion to dismiss. Plaintiff and the Defendant City
Summary: STIPULATION AND PROPOSED ORDER CARL W. HOFFMAN , Magistrate Judge . COME NOW, the parties, by and through their undersigned counsel of record, hereby stipulate and agree as follows: 1. Plaintiff filed his Amended Complaint on December 11, 2015 (Dckt. # 5). Defendant City of Henderson filed a motion to dismiss on January 5, 2016 (Dckt. #17). Pursuant to Fed. R. Civ. P. 15(a), Plaintiff had until January 22, 2016, to file a response to the motion to dismiss. Plaintiff and the Defendant City o..
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STIPULATION AND PROPOSED ORDER
CARL W. HOFFMAN, Magistrate Judge.
COME NOW, the parties, by and through their undersigned counsel of record, hereby stipulate and agree as follows:
1. Plaintiff filed his Amended Complaint on December 11, 2015 (Dckt. # 5). Defendant City of Henderson filed a motion to dismiss on January 5, 2016 (Dckt. #17). Pursuant to Fed. R. Civ. P. 15(a), Plaintiff had until January 22, 2016, to file a response to the motion to dismiss. Plaintiff and the Defendant City of Henderson stipulated that Plaintiff's response to the Motion to Dismiss be due on Friday, February 5, 2016.
2. Plaintiff and Defendants the City of North las Vegas and the North Las Vegas Police Department ("North Las Vegas Defendants") stipulated that the North Las Vegas Defendants' response to the Amended Complaint would be due on Wednesday, February 3, 2016. (Dckt. #20).
3. Pursuant to Local Rule 26-1(d), the deadline for Plaintiff to initiate the scheduling of Fed. R. Civ. P. 26(f) conference is February 4, 2016.
4. In light of the facts set forth above, to promote judicial efficiency, to avoid the incurrence of unnecessary attorneys' fees and costs, to narrow the focus of any motions to dismiss, and to synchronize the deadlines for all defendants in this case,
a. Plaintiff shall file a Motion to Amend and proposed Second Amended Complaint on or before February 8, 2016 (to the extent the parties cannot reach a stipulation to amend);
b. Discovery shall be stayed until any and all briefing is completed on Plaintiff's motion to amend and/or on any motions to dismiss; and,
c. Plaintiff shall initiate the Fed. R. Civ. P. 26(f) conference with all defendants within thirty (30) days of the date the briefing is complete on Plaintiff's motion to amend and/or on any motions to dismiss.
5. In light of Plaintiff's anticipated Second Amended Complaint, North Las Vegas Defendants' response to Plaintiff's Amended Complaint will no longer be due February 3, 2016, but rather North Las Vegas Defendants will be required to respond to the Second Amended Complaint or Amended Complaint, to the extent the Court does not allow the filing of the Second Amended Complaint, in accordance with Fed. R. Civ. P. 15.
ORDER
IT IS FURTHERIT IS SO ORDERED.ORDERED that the parties must file their stipulated discovery plan and scheduling order 14 days after briefing on the motion to dismiss is complete.
