Crawford v. Smith's Food and Drug Store Inc

Filing 85

ORDER Granting 69 Plaintiff's Motion for Continuance of Discovery pending ruling on 32 and 57 Motions. Signed by Magistrate Judge George Foley, Jr on 11/1/12. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 *** 8 MILTON O. CRAWFORD, 9 Plaintiff, 10 vs. 11 SMITH’S FOOD AND DRUG STORE, et. al., 12 Defendant, 13 14 ) ) ) ) ) ) ) ) ) ) ) 2:12-cv-00122-GMN-GWF ORDER Motion for Continuance (#69) This matter comes before the Court on Plaintiff Milton Crawford’s (“Plaintiff”) Motion 15 for Continuance of Discovery (#69), filed on October 10, 2012. Time to file a response to the 16 Motion expired on October 29, 2012. The Court construes Plaintiff’s Motion as seeking a stay of 17 discovery in this matter pending ruling on certain motions. Specifically, Plaintiff’s Motion to 18 Reconsider (#32) the District Court’s Acceptance of this Court’s Report and Recommendation 19 and Plaintiff’s Motion for Default Judgment (#57) are pending before the District Court. Under 20 Local Rule 49-7, the failure of an opposing party to file points and authorities in response to any 21 motion shall constitute a consent to the granting of the motion. To date, no response to the 22 instant Motion (#69) has been filed. Accordingly, 23 ... 24 ... 25 ... 26 ... 27 ... 28 ... 1 IT IS HEREBY ORDERED that Plaintiff Milton Crawford’s Motion Request for 2 Continuance of Discovery and Scheduling Order and Deposition Schedule (#69) is granted. 3 Discovery in this matter shall be stayed pending ruling on Motions (#32, #57) by the District 4 Court. 5 DATED this 1st day of November, 2012. 6 7 8 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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