Skribbleeno Entertainment, Inc et al v. Chateau Nightclub, LLC et al

Filing 25

ORDER Denying without prejudice 24 Stipulation to Stay Discovery. Discovery Plan/Scheduling Order, or a proper renewed request for stay, due by 6/16/2014.) Signed by Magistrate Judge Nancy J. Koppe on 6/12/2014. (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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SKRIBBLEENO ENTERTAINMENT, INC., et al., )
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Plaintiff(s),
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vs.
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CHATEAU NIGHTCLUB, LLC, et al.,
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Defendant(s).
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Case No. 2:14-cv-00090-GMN-NJK
ORDER DENYING STIPULATION
TO STAY DISCOVERY
(Docket No. 24)

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On June 4, 2014, the Court ordered the parties to show cause why they failed to comply with the

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Local Rules in not timely filing a proposed discovery plan. Docket No. 23. The parties have now

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responded to the order to show cause, indicating that “the pending Motion [to dismiss] makes

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submission of a joint proposed discovery plan and scheduling order premature.” Docket No. 24 at 2.

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The case law in this district is abundantly clear that “[t]he Federal Rules of Civil Procedure do not

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provide for automatic or blanket stays of discovery when a potentially dispositive motion is pending.”

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Kor Media Group, LLC v. Green, 294 F.R.D. 579, 581 (D. Nev. 2013) (quoting Tradebay, LLC v. eBay,

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Inc., 278 F.R.D. 597, 601 (D. Nev. 2011)). Nor is it a sufficient ground to stay discovery that a ruling

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on a dispositive motion may impact the scope of discovery needed. See Kor Media, 294 F.R.D. at 583

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(explaining that a stay of discovery is justified when the Court is “convinced” that the plaintiff will be

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unable to state a claim). To allow stays of discovery more broadly risks creating unnecessary delay in

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many cases. Id. (quoting Trzaska v. Int’l Game Tech., 2011 WL 1233298, *4 (D. Nev. Mar. 29, 2011)).

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Accordingly, the stipulation to stay discovery is DENIED without prejudice. To the extent the

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parties continue to seek a stay of discovery pending resolution of the motion to dismiss, they must

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address the standards outlined in the caselaw identified above. The parties must file a joint proposed

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discovery plan and scheduling order, or a proper renewed request for stay, no later than June 16, 2014.

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IT IS SO ORDERED.

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DATED: June 12, 2014

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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