Anoruo v. Shinseki

Filing 16

ORDER Denying 6 Plaintiff's Motion to Stay Discovery. Signed by Magistrate Judge George Foley, Jr on 10/25/2012. (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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JOSEPH CHIDI ANORUO,

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Plaintiff,
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vs.
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ERIK K. SHINSEKI,
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Defendant.
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__________________________________________)

Case No. 2:12-cv-01190-JCM-GWF
ORDER
Motion to Stay Discovery (#6)

This matter comes before the Court on Plaintiff Joseph Chidi Anoruo’s (“Plaintiff”) Motion

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to Stay Discovery (#6), filed on September 21, 2012. Defendant Erik K. Shinseki (“Defendant”)

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filed a timely Opposition (#11) on October 5, 2012. Plaintiff filed a late Reply (#14) on October

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18, 2012.

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Plaintiff seeks a stay of discovery in this case pending an appeal of a separate case in which

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he was also the plaintiff (Case no. 2:11-cv-02070-LRH-CWH, “Anoruo I”). The Distrct Court

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dismissed Anoruo I with prejudice on August 23, 2012, see Anoruo I, Doc. #22, and Plaintiff filed a

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Notice of Appeal on September 21, 2012, see id., Doc. #24. As Plaintiff notes, he carries a “heavy

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burden” of making a “strong showing” that a stay of discovery is warranted in this case. See

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Blankenship v. Hearst Corp., 519 F.2d 418, 129 (9th Cir. 1975); Turner Broadcasting, Inc. v.

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Tracinda Corp., 175 F.R.D. 554, 556 (D. Nev. 1997).

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Plaintiff attempts to make his showing in support of a stay of discovery by asserting a

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likelihood of success on his Anoruo I appeal, and by representing to the Court that Defendant

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agreed to a consolidation of this case and Anoruo I if Anoruo I is remanded. The Court finds

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Plaintiff has not shown that the outcome of the Anoruo I appeal will have any bearing on the instant

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case. Furthermore, Defendant denies agreeing at the confidential Early Neutral Evaluation to

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consolidate Anoruo I and this case. Therefore, the Court finds Plaintiff has not made a strong

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showing that a stay of discovery is warranted in this case. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff Joseph Chidi Anoruo’s Motion to Stay
Discovery (#6) is denied.
DATED this 25th day of October, 2012.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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