Benson v. Mead et al

Filing 55

ORDER Granting 51 Stipulation to Stay Discovery. Signed by Magistrate Judge Peggy A. Leen on 9/15/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-01268-RFB-PAL Document 51 Filed 09/02/16 Page 1 of 3

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LYSSA S. ANDERSON
Nevada Bar No. 5781
RYAN W. DANIELS
Nevada Bar No. 13094
KAEMPFER CROWELL
1980 Festival Plaza Drive, Suite 650
Las Vegas, Nevada 89135
Telephone: [phone]
Fax:
[phone]
[e-mail]
[e-mail]
Attorneys for Defendants
Las Vegas Metropolitan Police
Department, Kenneth Mead, and
Michael Madland

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THOMAS BENSON,

Case No. 2:16-cv-01268-RFB-PAL

Plaintiff,
vs.
KENNETH MEAD in his individual capacity,
MICHAEL MADLAND in his individual
capacity, FOX 5 KVVU-TV,
METROPOLITAN POLICE DEPARTMENT,
CLARK COUNTY NEVADA, FEDERAL
BUREAU OF INVESTIGATIONS, V.
VANOOSBREE, in his/her individual capacity,
S. JUNG, his/her individual capacity, CLARK
COUNTY SHERRIFF, UNITED STATES
DEPARTMENT OF TREASURY, DOES 1-30
INCLUSIVE,

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STIPULATION AND ORDER TO STAY
DISCOVERY PENDING RULING ON
MOTIONS TO DISMISS
AND
CERTIFICATION OF MEET AND
CONFER PURSUANT TO SCHEDULING
ORDER
[ECF NO. 47]

Defendants.

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KAEMPFER CROWELL

1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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IT IS HEREBY STIPULATED, AGREED AND REQUESTED by and between the

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parties, either in proper person or through their undersigned Counsel, that the current Scheduling

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Order entered on August 23, 2016 [ECF No. 47], be vacated and that all discovery in this matter

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be stayed pending a ruling on Defendant KVVU Broadcasting Corporation’s Motion to Dismiss

1860491_1.doc 6943.110

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Case 2:16-cv-01268-RFB-PAL Document 51 Filed 09/02/16 Page 2 of 3

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[ECF No. 15], the Las Vegas Metropolitan Police Department Defendants’ Motion to Dismiss

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[ECF No. 21], Defendant Clark County Sheriff’s Motion to Dismiss [ECF No. 24], and

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Plaintiff’s Motion to Amend First Amended Complaint [ECF No. 29].

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Here, a stay of discovery is appropriate as it is sought based on pending motions to

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dismiss Plaintiff’s First Amended Complaint and Plaintiff’s motion to amend his First Amended

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Complaint. These motions are potentially dispositive of certain claims and may even dismiss

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certain parties entirely from the litigation.

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preliminary jurisdictional arguments which should be addressed prior to any discovery being

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conducted. It would be burdensome, time-consuming and costly for the parties to engage in

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discovery without knowing the parameters of the claims or parties that are being pursued.

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Furthermore, issues of scope and proportionality would be difficult to determine and could

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require further unnecessary cost and expense to try to resolve. Fed. R. Civ. Proc. 1 provides that

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the rules should be "construed and administered to secure the just, speedy and inexpensive

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determination of every action and proceeding." (Emphasis added.) Staying discovery in this

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case is consistent with this intent.

In fact, KVVU’s Motion to Dismiss raises

No. 47], the parties conferred on August 26, 2016 and determined that it is in the best interests of

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the parties that all matters concerning discovery be stayed. The parties request that the current

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Scheduling Order be vacated and agree to submit a new proposed Discovery Plan and

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Scheduling Order within fourteen (14) days of this Court’s ruling on the last of the pending

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KAEMPFER CROWELL

Based upon the foregoing, and in accordance with this Court’s scheduling order [ECF

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1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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motions [ECF Nos. 15, 21, 24, 29]. The parties are not submitting this stipulation for the

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purpose of delay; rather, the parties are attempting to litigate this matter in an efficient manner

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…

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…

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Case 2:16-cv-01268-RFB-PAL Document 51 Filed 09/02/16 Page 3 of 3

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pursuant to the spirit and intent of the Federal Rules of Civil Procedure.
DATED this 2nd day of September, 2016.
THOMAS BENSON

KAEMPFER CROWELL

By: /s/ thomas benson
THOMAS BENSON
c/o 9030 West Sahara Avenue, 617
Las Vegas, NV 89117
Pro Per Plaintiff

By: /s/ Ryan W. Daniels
LYSSA S. ANDERSON
(Nevada Bar No. 5781)
RYAN W. DANIELS
(Nevada Bar No. 13094)
1980 Festival Plaza Drive, Suite 650
Las Vegas, Nevada 89135
Telephone: [phone]
Fax: [phone]
Attorneys for Defendant Las Vegas
Metropolitan Police Department

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DICKINSON WRIGHT PLLC

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By: /s/ Gabriel A. Blumberg
ERIC D. HONE
(Nevada Bar No. 8499)
GABRIEL A. BLUMBERG
(Nevada Bar No. 12332)
8363 West Sunset Road, Suite 200
Las Vegas, NV 89113-2210
Attorneys for KVVU Broadcasting
Corporation

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IT IS SO ORDERED.

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DATED this 15th day of September, 2016.

KAEMPFER CROWELL

1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135

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UNITED STATES DISTRICT COURT JUDGE
UNITED STATES MAGISTRATE JUDGE

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