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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 ON DEMAND DIRECT RESPONSE, LLC, 11 Plaintiff(s), 12 vs. 13 SHANA LEE MCCART-POLLAK, 14 Defendant(s). 15 ) ) ) ) ) ) ) ) ) ) Case No. 2:15-cv-01576-MMD-NJK ORDER (Docket No. 240) 16 Pending before the Court is the joinder filed by the On Demand Counter-Defendants to Third 17 Party Defendant Kevin Harrington’s motion to stay discovery pending resolution of his motion to 18 dismiss. See Docket No. 240 (joinder); see also Docket No. 239 (motion to stay discovery). As an 19 initial matter, the Court is unclear what relief Counter-Defendants actually seek through this joinder, as 20 they seek to join the motion to stay “to the extent of its relevance” to Counter-Defendants. Docket No. 21 240. The motion to stay discovery, as framed, appears to have no relevance to Counter-Defendants. 22 Docket No. 239 at 1 (seeking to “stay all discovery relating to [Third-Party Defendant Kevin 23 Harrington]”). Moreover, Counter-Defendants do not have any pending dispositive motion on which 24 they base a request to stay. For that very reason, the Court has already expressly directed Counter- 25 Defendants that any request they may have to stay discovery “must separately address why a stay of 26 discovery is appropriately extended to it. Cf. White v. Am. Tobacco, 125 F.R.D. 508, 509 (D. Nev. 1989) 27 (not staying discovery with respect to defendant who had not filed or joined pending dispositive 28 motion).” Docket No. 228 at 1 n.1. The pending joinder has ignored that directive. 1 Lastly, the joinder has the incorrect case information in its caption. Compare Docket No. 240 2 at 1 with Docket No. 221 (ordering that all further documents “must bear the correct case number 2:15- 3 cv-1576-MMD-NJK” (emphasis in original)). 4 Accordingly, the joinder at Docket No. 240 is DENIED without prejudice. 5 IT IS SO ORDERED. 6 DATED: February 10, 2017 7 8 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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