Leff et al v. Clark County School District

Filing 21

ORDER Granting 20 Stipulation for Stay of Discovery Pending Motion to Dismiss. Signed by Magistrate Judge George Foley, Jr on 11/03/2015. (Copies have been distributed pursuant to the NEF - NEV)

Case 2:15-cv-01155-RFB-GWF Document 20 Filed 10/27/15 Page 1 of 3

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OFFICE OF THE GENERAL COUNSEL
CLARK COUNTY SCHOOL DISTRICT
S. SCOTT GREENBERG, ESQ.
Nevada Bar No. 4622
5100 W. Sahara Ave.
Las Vegas, NV 89146
[phone]
Attorneys for Defendant
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JILL LEFF, CLAUDIA KRAUSE,
KRISTA SHIELDS, CHRISTOPHER
STEWART, NEKISHA SIMPSON,
CARRIE CHAPPELL, CAROLYN
DOYEL, KODZO ATTILA, JOSEPH
PORTILLA, AMANDA LA FORTE,
PATRICIA WEBB, MARY RICE,
BARBARA GAMMAGE, FRANCIS
SIMONE BOJAR, GLEN ROWLEY, and
CLARK COUNTY EDUCATION
ASSOCIATION, an employee
organization,

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CASE NO.:
2:15-CV-01155-RFB-GWF
STIPULATION AND ORDER FOR STAY
OF DISCOVERY PENDING MOTION TO
DISMISS

Plaintiffs,
v.
CLARK COUNTY SCHOOL DISTRICT,
a county school district,
Defendants.

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COME NOW the parties, by and through their counsel of record,

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and hereby stipulate and agree to stay discovery in this matter

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until the Court rules on the pending motion to dismiss (Docket No.

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9).

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post-probationary teachers receiving unsatisfactory evaluations in

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consecutive years revert to probationary status.

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Plaintiffs are former Clark County School District teachers to whom

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the District applied AB 225 and were non-renewed at the end of the

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2013-14 school year.

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recognized bargaining representative for District teachers, is also

The Nevada legislature enacted AB 225 in 2011 which provided

The individual

The Clark County Education Association, the

Case 2:15-cv-01155-RFB-GWF Document 20 Filed 10/27/15 Page 2 of 3

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a Plaintiff.

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that

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Specifically,

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Plaintiff teachers’ rights under the Contract Clause and Due

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Process Clause of the Fourteenth Amendment to the United States

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Constitution.

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were

The lawsuit challenges applying AB 225 to teachers
post-probationary
the

lawsuit

prior

alleges

to

the

that

the

law’s

passage.

District

violated

Defendant filed a motion to dismiss asserting Plaintiffs have

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failed to state a claim.

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filed.

The response and reply briefs have been

Docket Nos. 9, 12 and 16.

District courts have “wide

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discretion in controlling discovery” which includes granting a

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stay. Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir. 1988).

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A

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consideration

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pertinent to the issues in the dispositive motion.

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Bank, 725 F.2d 478, 481 (9th Cir. 1984); White v. American Tobacco,

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125 FRD 508, 510 (D. Nev. 1989).

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raises issues that the Court will resolve as a matter of law.

district

court
of

a

may

properly

dispositive

stay
motion

discovery
when

during

discovery

is

the
not

Rae v. Union

The pending motion to dismiss

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The parties do not wish to needlessly expend resources while

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the motion to dismiss is pending given that the motion revolves

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around issues that will be resolved as a matter of law.

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number of Plaintiffs, considerable discovery will be required. For

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example, Defendant anticipates deposing each individual Plaintiff

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teacher and propounding written discovery to each if the case is

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not resolved as a matter of law.

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delay incurring the costs of discovery until a ruling is issued on

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the dispositive motion which may dispose of the matter.

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/ / /

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/ / /

With the

A stay will permit the parties to

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Case 2:15-cv-01155-RFB-GWF Document 20 Filed 10/27/15 Page 3 of 3

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Therefore, the parties respectfully request that the Court

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stay discovery, including Rule 26 requirements to meet and file a

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proposed discovery plan and initial disclosures, until a ruling on

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the pending motion to dismiss is issued.

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DATED this 23rd day of October, 2015.

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DYER, LAWRENCE, FLAHERTY
DONALDSON & PRUNTY
By: Thomas J. Donaldson
THOMAS J. DONALDSON
Nevada Bar No. 5283
SUE S. MATUSKA
Nevada Bar No. 6051
2805 Mountain Str.
Carson City, NV 89703
Attorney for Plaintiffs

CLARK COUNTY SCHOOL DISTRICT
OFFICE OF THE GENERAL COUNSEL
By: S. Scott Greenberg
S. SCOTT GREENBERG
Sr. Assistant General Counsel
Nevada Bar No. 4622
5100 W. Sahara Ave.
Las Vegas, NV 89146
Attorney for Defendant

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IT IS SO ORDERED:

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Date: November 3, 2015
U.S. MAGISTRATE RJUDGE
GEORGE FOLEY, JR.
FOLEY, J
JR.
U.S. DISTRICT COURT JUDGE
United States Magistrate Judge

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