Gallagher-Kaiser Corporation v. Liberty Duct, LLC

Filing 69

ORDER Denying 67 Stipulation for Extension of Time. The Court further ORDERS counsel for all parties (including Archer Western Contractors) to meet and confer no later than 3/21/16 regarding an appropriate schedule for this case to move forward. No later than 3/25/16, the parties shall file a joint proposed schedule with the Court. Signed by Magistrate Judge Nancy J. Koppe on 3/16/16. (Copies have been distributed pursuant to the NEF - PS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GALLAGHER-KAISER CORPORATION,
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Plaintiff(s),
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vs.
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LIBERTY DUCT, LLC, et al.,
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Defendant(s).
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Case No. 2:14-cv-00869-JAD-NJK
ORDER

(Docket No. 67)

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Pending before the Court is a stipulation to extend various deadlines. Docket No. 67. The

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stipulation is not signed by counsel for Third Party Defendant Archer Western Contractors, apparently

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because it has a pending motion to dismiss. See id. at 2. The mere pendency of a dispositive motion

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is not grounds to refuse to engage in discovery. See, e.g., Kor Media Group, LLC v. Green, 294 F.R.D.

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579, 581 (D. Nev. 2013) (“The Federal Rules of Civil Procedure do not provide for automatic or blanket

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stay sof discovery when a potentially dispositive motion is pending” (quoting Tradebay, LLC v. eBay,

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Inc., 278 F.R.D. 597, 601 (D. Nev. 2011)). Because the stipulation is not filed on behalf of all parties,

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it is hereby DENIED without prejudice.

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The Court further ORDERS counsel for all parties (including Archer Western Contractors) to

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meet and confer no later than March 21, 2016 regarding an appropriate schedule for this case to move

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forward. No later than March 25, 2016, the parties shall file a joint proposed schedule with the Court.

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To the extent Archer Western Contractors believes a stay of its discovery obligations is appropriate

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because its motion to dismiss remains pending, then it must file a separate motion to stay addressing the

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appropriate standard for such a request. See, e.g., Kor Media, 294 F.R.D. at 581. The filing of a motion

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to stay discovery does not obviate Archer Western Contractors’ obligation to also participate in the filing

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of the joint proposed schedule discussed above.

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IT IS SO ORDERED.

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DATED: March 16, 2016

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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