U.S. Equal Employment Opportunity Commission v. Mariscos El Puerto, Inc.

Opinion

1 2 3 6 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Case No. 2:23-cv-01309-JCM-NJK 8 Plaintiff(s), Order ov. [Docket No. 27] 10! MARISCOS EL PUERTO, INC., et al., 11 Defendant(s). 12 Pending before the Court is the parties’ proposed discovery plan. Docket No. 27. The 13] presumptively reasonable discovery period is 180 days. Local Rule 26-1(b)(1). The parties seek 14! to double the discovery period predicated on the bare statement that the case involves sex 15} discrimination claims with five charging parties, identified class members, and unidentified class 16] members. Docket No. 27 at 2-3. The discovery plan does not explain why those circumstances 17] warrant extra time for discovery.! Accordingly, the discovery plan is DENIED without prejudice. 18 A renewed proposed discovery plan must be filed by March 14, 2024. The renewed 19} proposed discovery plan must either seek the presumptively reasonable deadlines established in 20] the local rules or provide meaningfully developed argument why different deadlines should be set. 22 Dated: March 7, 2024 23 Nancy Js. e 24 United States Magistrate Judge 25 26 ' The discovery plan also references that a motion to dismiss is pending, id. at 3, but the case law is well settled that the pendency of a motion to dismiss does not serve to delay the parties’ 27 P y y the p discovery obligations, e.g., Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 601 (D.Nev.2011) (“The || Federal Rules of Civil Procedure do not provide for automatic or blanket stays of discovery when a potentially dispositive motion is pending”).