Beaty v. Santa Rosa III HOA

Filing 36

ORDER Granting 34 Defendant's Motion to Stay Discovery and Denying 32 Defendant's Motion to Compel without prejudice. The parties are ORDERED to provide the undersigned with a revised discovery plan within 14 days of any order denying the 8 Motion to Dismiss. Signed by Magistrate Judge Nancy J. Koppe on 04/18/2013. (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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PIA BEATY,
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Plaintiff(s),
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vs.
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SANTA ROSA III HOA,
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Defendant(s).
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Case No. 2:12-cv-01807-RCJ-NJK
ORDER GRANTING MOTION TO
STAY AND DENYING WITHOUT
PREJUDICE MOTION TO COMPEL
(Docket Nos. 32, 34)

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Pending before the Court is the Defendant’s motion to extend discovery deadlines, which the
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Court construes as a motion to stay discovery pending resolution of Defedant’s motion to dismiss
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filed pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). See Docket No. 34 at 2 (stating that motion
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to dismiss is potentially dispositive and could make discovery unnecessary, and seeking a discovery
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deadline of 90 days after a ruling is issued on motion to dismiss); see also Docket No. 8 (motion to
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dismiss).1 Plaintiff filed a response. See Docket No. 35. The Court finds that a stay of discovery

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accomplishes the objectives of Fed. R. Civ. P. 1 for the “just, speedy and inexpensive
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determination” of this action. Accordingly, for good cause shown, discovery in this matter is hereby
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STAYED pending resolution of Defendant’s motion to dismiss. The parties are ORDERED to
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provide the undersigned with a revised discovery plan within 14 days of any order denying the
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The Court notes that Plaintiff has also filed a motion for summary judgment that remains
pending. See Docket No. 11.

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motion to dismiss.
Because the Court is staying discovery, Defendant’s motion to compel is hereby DENIED

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without prejudice. Docket No. 32. Defendant may refile that motion in the event its motion to

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dismiss is denied.

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IT IS SO ORDERED.

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DATED: April 18, 2013

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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