Topolewski et al v. Blyschak et al

Filing 32

ORDER Denying 31 Stipulation to Delay Initial Disclosures. ( Discovery Plan/Scheduling Order due by 9/30/2016.) Signed by Magistrate Judge Nancy J. Koppe on 9/23/16. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GARY TOPOLEWSKI, et al.,
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Plaintiff(s),
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vs.
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PAULA BLYSCHAK, et al.,
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Defendant(s).
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__________________________________________)

Case No. 2:16-cv-01588-JAD-NJK
ORDER
(Docket Nos. 30, 31)

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Pending before the Court are a proposed discovery plan and a stipulation to delay initial

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disclosures. Docket Nos. 30, 31. The parties seek to stay their discovery obligations pending resolution

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of certain pending motions. See Docket No. 30 at 2-3; Docket No. 31 at 2-3. The pendency of a

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dispositive motion, standing alone, is not grounds for parties to delay their discovery obligations. “The

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Federal Rules of Civil Procedure do not provide for automatic or blanket stays of discovery when a

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potentially dispositive motion is pending.” Kor Media Group, LLC v. Green, 294 F.R.D. 579, 581 (D.

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Nev. 2013) (quoting Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 601 (D. Nev. 2011)). Instead, such

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a delay in discovery requires a showing that the relevant standards have been satisfied. See, e.g., Kor

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Media, 294 F.R.D. at 581 (outlining standards). In this case, those standards have not been addressed.

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Accordingly, the proposed discovery plan and stipulation to delay initial disclosures are

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DENIED without prejudice. A further proposed discovery plan shall be submitted by no later than

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September 30, 2016. To the extent a delay is sought pending resolution of any motion, the proper

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standards must be addressed. Otherwise, the proposed discovery plan shall omit any reference to

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delaying discovery on that basis.

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IT IS SO ORDERED.

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DATED: September 23, 2016

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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