U-Haul Co. of Nevada, Inc. et al v. Gregory J. Kamer, Ltd. et al
Filing
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ORDER Denying 234 Defendant's Emergency Motion to Stay Discovery. Discovery should go forward as ordered in the 227 Courts Order. Signed by Magistrate Judge Carl W. Hoffman on 05/20/2013. (Copies have been distributed pursuant to the NEF - AC)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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U-HAUL CO. OF NEVADA, INC., et al.,
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Plaintiffs,
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vs.
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GREGORY J. KAMER, LTD., et al.,
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Defendants.
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__________________________________________)
Case No. 2:12-cv-00231-KJD-CWH
ORDER
This matter is before the Court on Defendant Debra Wilcher’s Emergency Motion to Stay
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Discovery (#234), filed April 18, 2013; Plaintiffs’ Response (#240), filed April 26, 2013; and
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Defendant Wilcher’s Reply (#241), filed May 6, 2013. Based on its review of the parties joint
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status report (#221), the Court reopened discovery in this matter for a limited time and for limited
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purposes. See Order (#227) at 1:16-25. Defendant Wilcher objects and seeks a stay of all
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discovery until her pending motions for summary judgment are resolved. The basis of the request
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is Wilcher’s contention that resolution of her pending summary judgment motions 116, 123, 132,
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133, and 135 may resolve or limit the need for discovery. The Court has reviewed the request and
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finds that a stay is not appropriate.
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As a general matter, courts have broad discretionary power to control discovery. See e.g.,
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Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir. 1988). The party seeking a stay of discovery
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“carries the heavy burden of making a strong showing why discovery should be denied.” Tradebay,
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278 F.R.D. 597, 601 (D. Nev.) (citing Turner Broadcasting System, Inc. v. Tracinda Corp., 175
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F.R.D. 554, 556 (D. Nev. 1997)). As a general matter, a pending dispositive motion is not “a
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situation that in and of itself would warrant a stay of discovery.” See Turner Broadcasting, 175
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F.R.D. at 554, 555-6 (quotation omitted). An overly lenient standard for granting requests to stay
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would result in unnecessary delay in many cases. Discovery in this matter has already been delayed
for a substantial period of time. In its order reopening discovery, the Court limited discovery to the
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specific depositions referenced, while permitting the parties to petition for additional time if
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warranted by the depositions. While it is true that some of the pending summary judgment motions
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are fully briefed, there are several that were denied without prejudice in the Court’s order (#227)
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precisely because they may be affected by the additional discovery.
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Additionally, the Court has taken a “preliminary peek” at the pending motions and finds
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that Wilcher has not carried her “heavy burden” to show that the limited discovery should be
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denied. The “preliminary peek” is not intended to prejudge the outcome, but to evaluate the
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propriety of a stay of discovery “with the goal of accomplishing the objectives of Rule 1.”
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Tradebay, 278 F.R.D. at 601 (citation omitted). Wilcher’s basis for the stay is set forth in short
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conclusory statements that the Court finds insufficient to support the requested stay. See Twin City
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Fire Insurance v. Employers of Wausau, 124 F.R.D. 652, 653 (D. Nev.) (courts generally insist on a
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particular and specific demonstration of fact as opposed to merely conclusory statements that a stay
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is warranted). The other rationale for the stay appears to be that it would be costly. That discovery
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may involve inconvenience and expense is not sufficient, standing alone, to support a stay of
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discovery. Turner Broadcasting, 175 F.R.D. at 556.
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Based on the foregoing and good cause appearing therefore,
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IT IS HEREBY ORDERED that Defendant Debra Wilcher’s Emergency Motion to Stay
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Discovery is denied. Discovery should go forward as ordered in the Court’s Order (#227).
DATED: May 20, 2013.
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C.W. Hoffman, Jr.
United States Magistrate Judge
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