Ahern Rentals, Inc. v. Andrus Transportation Services Incorporated

Filing 25

ORDER Denying 22 Stipulation to Stay Discovery. Discovery due by 12/2/2016. Motions due by 1/3/2017. Proposed Joint Pretrial Order due by 2/2/2017. Signed by Magistrate Judge Peggy A. Leen on 9/27/2016. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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AHERN RENTALS, INC.,

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Case No. 2:16-cv-00874-JAD-PAL
Plaintiff,

ORDER

v.
ANDRUS TRANSPORTATION SERVICES
INCORPORATED, et al.,
Defendants.

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The court conducted a hearing on the parties’ Stipulation and Order to Stay Discovery

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(ECF No. 22). William Volk appeared on behalf of the Plaintiff, and Steven Abbott appeared on

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behalf of the Defendants. The court heard arguments from counsel. Having heard from counsel,

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and taken a “preliminary peek” at the pending motion to dismiss and opposition the court is not

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satisfied that a stay is appropriate. The motion is not dispositive of all claims, and counsel were

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unable to articulate how a stay would advance the goal or Rule 1, the “just speedy and

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inexpensive determination” of this case. This is a relatively simple dispute over the loss or

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destruction of a forklift in a vehicle accident while it was being transported. The court will deny

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the parties’ request to stay this matter, but will extend the current discovery cutoff and related

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case management deadlines by 45 days. Accordingly,

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IT IS ORDERED that:

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1. The parties’ Stipulation and Order to Stay Discovery (ECF No. 22) is DENIED.

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2. The following discovery plan and scheduling order deadlines are extended as follows:

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a. Last date to complete discovery: December 2, 2016.

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b. Last date to file dispositive motions: January 3, 2017.

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c. Last date to file joint pretrial order: February 2, 2017.

In the event

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dispositive motions are filed, the date for filing the joint pretrial order shall be

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suspended until 30 days after a decision of the dispositive motions.

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d. The disclosures required by Fed. R. Civ. P. 26(a)(3), and any objections
thereto, shall be included in the pretrial order.
DATED this 27th day of September, 2016.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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