Downs v. Nevada Taxicab Authority et al

Filing 42

ORDER Denying as moot 29 Motion to Stay Discovery. Signed by Magistrate Judge Peggy A. Leen on 11/9/2011. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JIMMY DOWNS,

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Plaintiff,
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vs.
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NEVADA TAXICAB AUTHORITY, et al.,
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Defendant.
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__________________________________________)

Case No. 2:11-cv-00453-JCM-PAL
ORDER
(Request for Stay of Disc. - Dkt. #29)

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Before the court is Defendant Nevada Taxicab Authority’s Request for Stay of Discovery (Dkt.

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#29) which was filed in the same document as a Second Motion to Dismiss (Dkt. #28). The court has

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reviewed Defendant’s Motion, and Plaintiff’s Opposition (Dkt. #30).

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On October 20, 2011, the district judge entered an Order (Dkt. #37) granting in part and denying

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in part Defendants’ Motion to Dismiss. The district judge dismissed Plaintiff’s claims for monetary

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relief against the State of Nevada, the Nevada Taxicab Authority, and Michael Ferriolo, in his official

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capacity, finding the Defendants were entitled to Eleventh Amendment immunity. However, he denied

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the motion to dismiss Plaintiff’s Section 1983 claim against Michael Ferriolo in his individual capacity.

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While the Defendants’ second motion to dismiss Plaintiff’s complaint and request for stay of

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discovery were pending, the parties submitted a Stipulation and Proposed Order to Amend (Dkt. #36)

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the court’s discovery plan and scheduling order. The court approved the stipulation and extended the

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discovery plan and scheduling order deadlines as requested. See Order (Dkt #37). Accordingly,

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IT IS ORDERED Defendants’ Request for a Stay of Discovery (Dkt. #29) is DENIED as

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moot, and the deadlines established in the Amended Discovery Plan and Scheduling Order (Dkt. #37)

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shall apply.

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Dated this 9th day of November, 2011.

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______________________________________
Peggy A. Leen
United States Magistrate Judge

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