In Nevada federal court, discovery motions follow a traditional briefing schedule: a response is due fourteen days after the motion, and the reply is due seven days after service of the response. See L.R. 7-2(b). But recently, Magistrate Judge Koppe is trying something different: responses to discovery motions are due four days after service, and a reply is due within two days after service of the response.
In Ciccolella v. Smith’s Food & Drug Centers, Inc. and Living Ecology, Inc. v. Bosch Packaging Tech. Inc., Magistrate Judge Koppe issued similar orders on September 21 and October 11, 2018, both of which modify the briefing schedule for discovery motions. In these orders, Judge Koppe reasoned that because of the “robust requirements” of a meet-and-confer conference, “the parties must have developed their respective arguments and must possess the relevant legal authority supporting their positions.” Therefore, Judge Koppe concludes, “there should be no need for discovery motions to be briefed pursuant to default deadlines in the local rules in the vast majority of cases.”
It will be interesting to see whether Judge Koppe’s order will result in more motions being filed if attorneys presume that the abbreviated briefing schedule will result in a quick decision. Or if attorneys will use the abbreviated schedule to ruin opposing counsel’s three-day weekends. A copy of the order for Living Ecology, Inc. v. Bosch Packaging Tech. Inc. can be found here.