Blue Moon Marketing, LLC v. Matthews et al

Filing 97

ORDER Granting 89 Motion for Limited Relief from Stay for Purposes of Filing a Motion for Transfer of Venue and Motion for Judgment on the Pleadings Pursuant to Rule 12(c). Signed by Magistrate Judge George Foley, Jr on 9/22/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BLUE MOON MARKETING, LLC,
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Plaintiff,
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vs.
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SCOTT R. MATTHEWS, et al.,
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Defendants.
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__________________________________________)

Case No. 2:13-cv-02238-JAD-GWF
ORDER
Motion for Limited Relief from
Stay (#89)

This matter comes before the Court on Defendants Philip Brewer, Summer Bay Resorts

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Crown Club, LLC, and Summer Bay Sales and Marketing, L.C.’s Motion for Limited Relief from

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Stay (#89), filed on August 19, 2014. No opposition was filed in this matter.

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On May 5, 2014, the undersigned entered an order granting Defendants’ motion to stay

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proceedings pending a ruling on their motion for summary judgment. See Dkt. #75. Defendants

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move this Court for limited relief from the stay for the purpose of filing a motion to transfer venue

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to the Middle District of Florida and to file a motion for judgment on the pleadings pursuant to

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Rule 12(c). See Dkt. #89.

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Issuing a stay of a civil proceeding is within the sound discretion of the court. See

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Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 1066 (9th Cir. 2007).

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Accordingly, it is in the Court’s discretion to grant relief from a stay. Furthermore, pursuant to LR

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7-2, the failure of an opposing party to file points and authorities in response to any motion shall

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constitute a consent to the granting of the motion. Here, the Court finds the Defendants have

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shown good cause and no opposition was filed in this matter. Accordingly,

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IT IS HEREBY ORDERED that Defendants Philip Brewer, Summer Bay Resorts Crown

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Club, LLC, and Summer Bay Sales and Marketing, L.C.’s Motion for Limited Relief from Stay

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(#89) is granted.

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IT IS FURTHER ORDERED that the hearing set for Wednesday, September 24, 2014 at
2:00 PM be vacated.
DATED this 22nd day of September, 2014.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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