Dryden v. Faen et al

Filing 68

ORDER re 66 Status Report. IT IS ORDERED that if Defendants want to request a stay of discovery, they must do so by filing a motion on the docket that includes appropriate authority. Any such motion must be filed no later than 3/15/2017. If Defendants fail to file a motion to stay discovery by 3/15/2017, the parties must file a joint proposed discovery plan and scheduling order no later than 3/17/2017. See Order for further details. Signed by Magistrate Judge Nancy J. Koppe on 3/8/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JEFFREY L. DRYDEN,
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Plaintiff,
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vs.
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JANITA FAEN, et al.,
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Defendants. )
__________________________________________)

Case No. 2:14-cv-01625-GMN-NJK
ORDER
(Docket No. 66)

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On March 1, 2017, when the parties had failed to timely file a joint proposed discovery plan

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and scheduling order, the Court ordered them to file, no later than March 7, 2017, a joint proposed

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discovery plan or a status report explaining why a discovery plan should not be filed at this time.

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Docket No. 65. On March 7, 2017, Defendants filed a status report, wherein Defendants ask the

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Court to stay discovery pending the resolution of Defendants’ motion to dismiss at Docket No. 59.

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See Docket No. 66 at 3 (“Defendants respectfully request that the Court refrain from entering a

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discovery plan pending the outcome of Defendants’ Renewed Motion to Dismiss”). “The Federal

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Rules of Civil Procedure do not provide for automatic or blanket stays of discovery when a

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

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Nev. 2011). Moreover, Defendants provide no authority to support a stay of discovery, and the

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request is procedurally improper. See Docket No. 66.

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If Defendants want to request a stay of discovery, they must do so by filing a motion on the

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docket that includes appropriate authority. Any such motion must be filed no later than March 15,

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2017. If Defendants fail to file a motion to stay discovery by March 15, 2017, the parties must file

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a joint proposed discovery plan and scheduling order no later than March 17, 2017. The filing of a

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motion to stay discovery by March 15, 2017, will stay discovery pending the Court’s resolution of

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that motion.

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IT IS SO ORDERED.

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DATED: March 8, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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