Kwasniewski et al v. sanofi-aventis U.S., LLC et al

Filing 158

ORDER Denying 151 Motion to Stay. The parties are ORDERED to submit a proposed joint discovery plan no later than June 14, 2016. Signed by Magistrate Judge Nancy J. Koppe on 6/7/16. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JENNIFER KWASNIEWSKI, et al.,
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Plaintiffs,
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vs.
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SANOFI-AVENTIS U.S., LLC,
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Defendant.
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Case No. 2:12-cv-00515-GMN-NJK
ORDER DENYING MOTION TO
STAY
(Docket No. 151)

Pending before the Court is Plaintiffs’ motion to stay discovery. Docket No. 151. Because that

14 motion does not address the proper standards, it is hereby DENIED without prejudice.
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“The Federal Rules of Civil Procedure do not provide for automatic or blanket stays of discovery

16 when a potentially dispositive motion is pending.” Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 601
17 (D. Nev. 2011). The case law in this District makes clear that requests to stay all discovery may be
18 granted when: (1) the pending motion is potentially dispositive; (2) the potentially dispositive motion
19 can be decided without additional discovery; and (3) the Court has taken a “preliminary peek” at the
20 merits of the potentially dispositive motion and is convinced that the plaintiff will be unable to state a
21 claim for relief. See Kor Media Group, LLC v. Green, 294 F.R.D. 579, 581 (D. Nev. 2013).
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The parties are ORDERED to submit a proposed joint discovery plan no later than June 14, 2016.

23 In the alternative, Plaintiff may submit a renewed motion to stay discovery that addresses the proper
24 standards, no later than June 14, 2016.
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IT IS SO ORDERED.

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DATED: June 7, 2016.

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NANCY J. KOPPE
United States Magistrate Judge