Fuleihan v. Wells Fargo Bank, N.A. et al

Filing 36

ORDER Granting 33 Defendants' Motion to Stay Discovery. Signed by Magistrate Judge Nancy J. Koppe on 9/13/2013. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DENIES FULEIHAN,
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Plaintiff,
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vs.
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WELLS FARGO BANK, N.A., et al.,
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Defendants.
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Case No. 2:13-cv-1145-JCM-NJK
ORDER GRANTING MOTION
TO STAY DISCOVERY
(Docket No. 33)

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Pending before the Court is Defendants’ motion to stay discovery in this Court pending a ruling

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on Defendants’ motion to dismiss. See Docket Nos. 22, 33. The Court ordered that any response must

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be filed no later than September 12, 2013. Docket No. 34. To date, no response has been filed opposing

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the motion.

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Additionally, the Court has reviewed the motion on its merits and finds good cause for granting it.

Accordingly, the motion may be granted as unopposed. See Local Rule 7-2(d).

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“The Federal Rules of Civil Procedure do not provide for automatic or blanket stays of discovery

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when a potentially dispositive motion is pending.” Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 601

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(D. Nev. 2011). The case law in this District makes clear that requests to stay all discovery may be

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granted when: (1) the pending motion is potentially dispositive; (2) the potentially dispositive motion

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can be decided without additional discovery; and (3) the Court has taken a “preliminary peek” at the

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merits of the potentially dispositive motion and is convinced that Plaintiff will be unable to state a claim

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for relief. Id. at 602-603.

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The Court finds these factors are present here. First, the motion to dismiss is potentially case-

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dispositive. Second, the motion to dismiss can be decided without additional discovery. Third, the

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Court has taken a preliminary peek at the merits of the motion to dismiss and believes Plaintiff will be

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unable to state a claim for relief.1

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Accordingly, the stipulation to stay all discovery is hereby GRANTED. In the event that the

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motion to dismiss is not granted in full, the parties shall submit a joint status report to the undersigned

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within 14 days of the issuance of the order resolving the motion to dismiss. That status report shall

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indicate what discovery needs to be completed and shall provide a proposed plan for completing it.

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IT IS SO ORDERED.

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DATED: September 13, 2013.

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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Conducting this preliminary peek puts the undersigned in an awkward position because the
assigned district judge who will decide the motion to dismiss may have a different view of its merits.
See Tradebay, 278 F.R.D. at 603. The undersigned’s “preliminary peek” at the merits of that motion
is not intended to prejudice its outcome. See id.
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