Yang v. Buffalo Ranch Homeowners Association et al

Filing 56

ORDER Denying Defendant's 55 Emergency Motion to Stay without prejudice. The parties shall all promptly confer and shall file, no later than 03/21/2016, a joint statement providing their views on whether the discovery deadlines should be altered in light of Defendant Wandeevong's recent appearance. Signed by Magistrate Judge Nancy J. Koppe on 03/17/2016. (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. 55)

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Pending before the Court is an emergency motion to stay discovery filed by Defendant Nattinan

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Wandeevong. Docket No. 55. As an initial matter, the motion relies on the incorrect standards for

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seeking a stay of discovery pending resolution of dispositive motions. Compare id. at 9-10 with Kor

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Media Group, LLC v. Green, 294 F.R.D. 579, 581 (D. Nev. 2013).1 Because the motion does not

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address the applicable standards, it is DENIED without prejudice.

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The motion also makes note of the fact that Defendant Wandeevong only recently appeared in

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this case. See Docket Nos. 49-41 (March 7, 2016). The parties shall all promptly confer and shall file,

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“Courts in this District have formulated three requirements in determining whether to stay discovery
pending resolution of a potentially dispositive motion; motions to stay discovery may be granted when: (1)
the pending motion is potentially dispositive; (2) the potentially dispositive motion can be decided without
additional discovery; and (3) the Court has taken a ‘preliminary peek’ at the merits of the potentially
dispositive motion and is convinced that the plaintiff will be unable to state a claim for relief.” Kor Media,
294 F.R.D. at 581.

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no later than March 21, 2016, a joint statement providing their views on whether the discovery deadlines

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should be altered in light of Defendant Wandeevong’s recent appearance.

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IT IS SO ORDERED.

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DATED: March 17, 2016

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______________________________________
______________________
_ _
NANCY J. KOPPE
Y KOPPE
OP
OP E
United States Magistrate Judge
States Magistrate
gistr t
istr

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