Repass v. Clark County Detention Center et al

Filing 20

ORDER Granting in part and Denying in part 14 Plaintiff's Motion to Stay. Discovery is stayed until 9/19/13. Signed by Magistrate Judge George Foley, Jr on 4/4/13. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RYAN REPASS,

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Plaintiff,
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vs.
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CLARK COUNTY DETENTION CENTER, et al., )
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Defendants. )
__________________________________________)

Case No. 2:13-cv-00237-MMD-GWF
ORDER
Motion to Stay and to Extend Time
(#14)

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This matter comes before the Court on Plaintiff’s Motion to Stay Proceedings and/or

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Extension of Time (#14), filed on March 13, 2013. Defendants filed an Opposition (#18) on March

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19, 2013.

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Plaintiff filed his Complaint in the Eighth Judicial District Court of Nevada on October 5,

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2011 alleging violation of his eighth and fourteenth amendment rights. See Doc. #1, Ehx. A.

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Defendants removed the case to this Court on February 13, 2013. See Doc. #1. Pending before the

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District Judge are two motions to dismiss. Defendants Clark County Detention Center, Gillespie,

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and Las Vegas Metropolitan Police Department filed a Motion to Dismiss (#6) on February 21,

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2013, which is now fully briefed. Defendant Naphcare, Inc. filed a Motion to Dismiss (#9) on

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March 1, 2013.

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Plaintiff now moves to stay the proceedings. Pro-se Plaintiff represents that he is being

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transferred to a facility that does not contain a law library, and that he will be released in at most 6

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months. Plaintiff argues the Court should stay this action until he has access to legal assistance.

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Defendants do not oppose a stay of discovery, but do oppose a stay of the decisions on the pending

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dispositive motions. The Court finds Plaintiff establishes good cause for a stay only of

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discovery in this action.

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Plaintiff also seeks a stay in the deadline to respond to Naphcare’s Motion to Dismiss (#9),

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which was due on March 18, 2013. In their Opposition (#18), Defendants agreed to an extension of

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the response deadline until April 1, 2013. Plaintiff filed his Response (#19) on March 28, 2013.

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Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Stay Proceedings and/or Extension

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of Time (#14) is granted in part and denied in part as follows: Discovery in this matter shall be

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stayed until September 19, 2013.

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DATED this 4th day of April, 2013.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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