Smith v. United States of America

Filing 17

ORDER that 14 Motion to Stay Discovery is GRANTED. FURTHER ORDERED that discovery in this matter shall be stayed pending a decision on Defendant's Motion to Dismiss 8 . FURTHER ORDERED that the stay imposed by this Order shall be automatica lly lifted upon the denial, in whole or in part, of Defendant's Motion to Dismiss 8 . FURTHER ORDERED that the Parties shall file a status report regarding Defendant's Motion to Dismiss 8 within six months of the date of this Order. Signed by Magistrate Judge George Foley, Jr on 8/13/13. (Copies have been distributed pursuant to the NEF - MMM)

Smith v. United States of America

Doc. 17

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRADLEY SMITH,

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Plaintiff,
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vs.
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UNITED STATES OF AMERICA,
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Defendant.
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__________________________________________)

Case No. 2:13-cv-00039-RCJ-GWF
ORDER
Motion to Stay Discovery (#14)

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This matter comes before the Court on Defendant United States of America’s (“Defendant”)

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Motion to Stay Discovery (#14), filed on July 11, 2013. Plaintiff’s claims in this case involve

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allegations of adverse disciplinary actions and a hostile work environment while he was employed

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by the Department of Veterans Affairs. Defendant filed a Motion to Dismiss (#8) for lack of

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jurisdiction on May 22, 2013, arguing that Plaintiff’s claims would properly have been brought

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before the Merit Systems Protection Board or the Equal Employment Opportunity Commission.

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The Motion to Dismiss (#8) has been fully briefed since July 1, 2013. See Reply, Doc. #12.

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Defendant now seeks to stay discovery in this case pending a decision on the Motion to Dismiss

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(#8). Under Local Rule 7-2(d), the failure of an opposing party to file points and authorities in

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response to any motion shall constitute a consent to the granting of the motion. The time to oppose

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the instant Motion has expired, and no opposition has been filed. Accordingly,

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IT IS HEREBY ORDERED that Defendant’s Motion to Stay Discovery (#14) is granted.

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IT IS FURTHER ORDERED that discovery in this matter shall be stayed pending a

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decision on Defendant’s Motion to Dismiss (#8).

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...

Dockets.Justia.com

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IT IS FURTHER ORDERED that the stay imposed by this Order shall be automatically
lifted upon the denial, in whole or in part, of Defendant’s Motion to Dismiss (#8).
IT IS FURTHER ORDERED that the Parties shall file a status report regarding
Defendant’s Motion to Dismiss (#8) within six months of the date of this Order.
DATED this 13th day of August, 2013.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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