Yang v. Buffalo Ranch Homeowners Association et al

Filing 32

ORDER Denying 29 Stipulation to Stay Discovery Without Prejudice. Signed by Magistrate Judge Nancy J. Koppe on 12/28/2015. (Copies have been distributed pursuant to the NEF - NEV)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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YANG YANG,

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Plaintiff(s),

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vs.

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BUFFALO RANCH HOMEOWNERS
ASSOCIATION, et al.,

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Defendant(s).
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Case No. 2:15-cv-01246-LDG-NJK
ORDER
(Docket No. 29)

Pending before the Court is a stipulation to stay discovery, filed on December 16, 2015. Docket
No. 29. For the reasons discussed below, the stipulation is hereby DENIED without prejudice.

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The Court expects parties to diligently pursue discovery once they have conducted the Rule 26(f)

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conference. See Fed. R. Civ. P. 26(d)(1). In this instance, that conference took place more than four

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months ago. See Docket No. 29 at 1. Moreover, discovery in this matter is currently set to close on

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January 19, 2016. See Docket No. 18. As such, the majority of discovery should already be completed

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in this case. Given this procedural history, it is not clear to the Court that staying discovery shortly

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before the discovery cutoff would be appropriate.

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Second, with respect to the stipulation’s reliance on the pendency of a motion for summary

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judgment, the Court notes that the motion was brought by only one of the defendants. See Docket No.

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24. Courts generally do not allow stays of all discovery as to all defendants when the pending

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dispositive motion providing the basis of the stay was not brought by all defendants. See, e.g., White

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v. American Tobacco Co., 125 F.R.D. 508, 509 (D. Nev. 1989) (denying motion to stay discovery

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against one defendant where motion to dismiss filed by another defendant and no joinder was filed).

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Given these concerns, the pending stipulation is DENIED without prejudice. Any renewed

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stipulation must explicitly address these issues and explain why the relief sought is nonetheless proper.

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IT IS SO ORDERED.

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DATED: December 28, 2015

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______________________________________
___________ _____________
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NANCY J. KOPPE
CY KOPPE
O E
United States Magistrate Judge
Magistrate
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Ma st t

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