Guerrero-Madrid v. Federal Home Loan Mortgage Corporation et al

Filing 32

ORDER Denying 31 Defendant's Motion to Stay Discovery without prejudice. Signed by Magistrate Judge George Foley, Jr on 09/20/2013. (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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CESAR GUERRERO-MADRID,

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Plaintiff,
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vs.
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FEDERAL HOME LOAN MORTGAGE
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CORPORATION; INDYMAC BANK, F.S.B.,
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Defendants.
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__________________________________________)

Case No. 2:13-cv-00432-APG-GWF
ORDER
Motion to Stay Discovery (#31)

This matter comes before the Court on Defendant Federal Home Loan Mortgage

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Corporation’s (“Defendant”) Motion to Stay Discovery (#31), filed on September 18, 2013.

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Defendant filed a Motion to Dismiss (#9) on March 21, 2013, which has been fully briefed since

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April 4, 2013. See Reply, Doc. #16. The Court entered a Scheduling Order (#28) on May 30, 2013.

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Defendant now seeks a stay in discovery pending a ruling on its Motion to Dismiss (#9), or,

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alternatively, an extension of the discovery period. Under the Scheduling Order (#28), however,

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the last date to complete discovery was September 17, 2013. See Doc. #28 at 1:22. The Court is

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therefore unable to stay discovery. Additionally, the last day to request an extension of discovery

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was August 27, 2013. See id. at 2:9. Accordingly,

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IT IS HEREBY ORDERED that Defendant’s Motion to Stay Discovery (#31) is denied

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without prejudice. In the event the Motion to Dismiss (#9) is denied in whole or in part, the Parties

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shall be free to file a motion to reopen discovery.

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DATED this 20th day of September, 2013.

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GEORGE FOLEY, JR.
United States Magistrate Judge