Progressive Direct Insurance Company v. Hornbuckle et al

Filing 19

ORDER Denying 18 Stipulation to Stay All Discovery. Signed by Magistrate Judge Nancy J. Koppe on 05/27/2014. (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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PROGRESSIVE DIRECT INSURANCE
COMPANY,

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Plaintiff,
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vs.
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ROBERT HORNBUCKLE, GEORGE THOMAS, )
and LORA WRIGHT
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Defendants.
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Case No. 2:13-cv-02293-GMN-NJK
ORDER

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Pending before the Court is the parties’ Stipulation for a Limited Stay of Discovery Pending

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Order on Motion to Dismiss Complaint for Declaratory Relief. Docket No. 18. The parties seek to stay

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all discovery in this matter pending a decision on Defendants George Thomas’ and Lora Wright’s

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Motion to Dismiss Complaint for Declaratory Relief, filed February 24, 2014. Docket No. 6.

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The pendency of a dispositive motion alone, however, does not in itself stay discovery

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deadlines. See, e.g., Ministerio Roca Solida v. U.S. Dep’t of Fish & Wildlife, 288 F.R.D. 500 (D.

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Nev. 2013) (“The Federal Rules of Civil Procedure do not provide for automatic or blanket stays of

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discovery when a potentially dispositive motion is pending”); Tradebay, LLC v. eBay, Inc., 278

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F.R.D 597, 600 (D. Nev. 2011) (same). “It is well-established that a party seeking a stay of

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discovery carries the heavy burden of making a strong showing why discovery should be stayed.”

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Tradebay, 278 F.R.D. at 601. “A showing that discovery may involve some inconvenience and

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expense does not establish good cause for issuance of a stay.” Id. Conclusory statements regarding

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the benefit of a stay are plainly insufficient. Id. at 601-02. In order to meet this requirement, the

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movant must, as a threshold matter, establish that the “pending motion must be potentially

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dispositive of the entire case or at least dispositive of the issue on which discovery is sought.” Id.

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In their Stipulation, the parties fail to make the required showing for the Court to grant a stay of

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discovery. If the parties wish to delay or extend deadlines, they must seek a stay of discovery or deadline

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extension from the Court. Accordingly, the parties’ Stipulation to stay all discovery in this matter is

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hereby DENIED.

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IT IS SO ORDERED.

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DATED: May 27, 2014.

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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