Hernandez v. Westates Property Management et al

Filing 30

ORDER Denying 29 Proposed Discovery Plan/Scheduling Order. The Parties Must File by 4/1/2015 Either a Request to Stay Discovery or an Amended Discovery Plan. Signed by Magistrate Judge Nancy J. Koppe on 3/25/2015. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JOSETTE HERNANDEZ,

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Plaintiff(s),

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vs.

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WESTSTATES PROPERTY
MANAGEMENT, et al.,

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Defendant(s).
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Case No. 2:14-cv-02113-JAD-NJK
ORDER DENYING DISCOVERY
PLAN
(Docket No. 29)

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Pending before the Court is the parties’ proposed discovery plan, which includes a stay of

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discovery until after the hearing on various motions, including a motion to dismiss. See Docket No. 29

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at 1-2. “The Federal Rules of Civil Procedure do not provide for automatic or blanket stays of discovery

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

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(D. Nev. 2011). The case law in this District makes clear that requests to stay all discovery may be

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granted when: (1) the pending motion is potentially case-dispositive; (2) the potentially dispositive

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motion can be decided without additional discovery; and (3) the Court has taken a “preliminary peek”

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at the merits of the motion and is convinced that the plaintiff will be unable to state a claim for relief.

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See, e.g., Kor Media Group, LLC v. Green, 294 F.R.D. 579, 581 (D. Nev. 2013). The pending discovery

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plan fails to address these standards. Accordingly, it is hereby DENIED.

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The parties must file, no later than April 1, 2015, either a request to stay discovery addressing
the relevant standards or an amended discovery plan that omits any stay of discovery.

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IT IS SO ORDERED.

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DATED: March 25, 2015

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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