On Demand Direct Response, LLC et al v. McCart-Pollak

Filing 243

ORDER - The joinder at Docket No. #240 is DENIED without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 2/10/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ON DEMAND DIRECT RESPONSE, LLC,
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Plaintiff(s),
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vs.
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SHANA LEE MCCART-POLLAK,
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Defendant(s).
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Case No. 2:15-cv-01576-MMD-NJK
ORDER
(Docket No. 240)

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Pending before the Court is the joinder filed by the On Demand Counter-Defendants to Third

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Party Defendant Kevin Harrington’s motion to stay discovery pending resolution of his motion to

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dismiss. See Docket No. 240 (joinder); see also Docket No. 239 (motion to stay discovery). As an

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initial matter, the Court is unclear what relief Counter-Defendants actually seek through this joinder, as

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they seek to join the motion to stay “to the extent of its relevance” to Counter-Defendants. Docket No.

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240. The motion to stay discovery, as framed, appears to have no relevance to Counter-Defendants.

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Docket No. 239 at 1 (seeking to “stay all discovery relating to [Third-Party Defendant Kevin

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Harrington]”). Moreover, Counter-Defendants do not have any pending dispositive motion on which

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they base a request to stay. For that very reason, the Court has already expressly directed Counter-

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Defendants that any request they may have to stay discovery “must separately address why a stay of

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discovery is appropriately extended to it. Cf. White v. Am. Tobacco, 125 F.R.D. 508, 509 (D. Nev. 1989)

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(not staying discovery with respect to defendant who had not filed or joined pending dispositive

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motion).” Docket No. 228 at 1 n.1. The pending joinder has ignored that directive.

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Lastly, the joinder has the incorrect case information in its caption. Compare Docket No. 240

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at 1 with Docket No. 221 (ordering that all further documents “must bear the correct case number 2:15-

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cv-1576-MMD-NJK” (emphasis in original)).

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Accordingly, the joinder at Docket No. 240 is DENIED without prejudice.

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IT IS SO ORDERED.

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DATED: February 10, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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