Peralta v. CACH, LLC

Filing 12

ORDER withdrawing 10 Motion for Summary Judgment; granting 11 Stipulation. Case stayed until 3/1/2017. Signed by Magistrate Judge Carl W. Hoffman on 12/8/2016. (Copies have been distributed pursuant to the NEF - JM)

1 J Christopher Jorgensen
Bar
2 NevadaFoleyNo. 5382
Erik J.
Bar No. 14195
3 Nevada ROCA ROTHGERBER CHRISTIE LLP
LEWIS
4 3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169

5 Tel: [phone]
E-mail: [e-mail]
6 E-mail: [e-mail]
7 Attorneys for Defendant CACH, LLC
UNITED STATE DISTRICT COURT
DISTRICT OF NEVADA

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3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996

9 GUIDO L. PERALTA,
10
Plaintiff,

STIPULATION TO STAY LITIGATION

11 vs.
12 CACH, LLC,
13

Case No.: 2:16-cv-01745-RFB-CWH

Defendant.

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Guido L. Peralta (“Peralta”) and CACH, LLC (“CACH”) jointly request the Court to

16 enter a stay of this litigation pending the completion of related litigation currently pending
17 between the two parties in the Eighth Judicial District Court, State of Nevada, (Case A-1618 733664-C). The state court case is currently in court supervised arbitration with an arbitration
19 scheduled for February 22, 2017. The parties ask the Court to stay this matter until March 1,
20 2017, as the state court arbitration may resolve the issues in this case.
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BACKGROUND

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A dispute exists between Plaintiff and Defendant over the existence of, and collection of

23 a debt. CACH, LLC filed a lawsuit to collect the debt in Nevada State Court on March 18, 2016
24 (Case A-16-733664-C). Plaintiff filed this lawsuit contesting the collection of the debt in this
25 Court on July 22, 2016 (Case 16-cv-01745). The Parties agree that a brief stay of this case,
26 until March 1, 2017, will benefit the Parties and preserve judicial resources. Fed. R. Civ. P. 1.
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DISCUSSION
Federal District Courts have Broad Discretion to Stay Discovery During the
Pendency of a Dispositive Motion

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It is well-established that district courts have broad discretion to control the nature and the

4 timing of discovery. Salida v. United States Dep't of Fish & Wildlife, 288 F.R.D. 500 (D. Nev.
5 2013). This power arises not only from the permissive language contained with Rule 26(c)(1), but
6 also from the "prime directive" itself, which orders district courts to apply the Federal Rules of
7 Civil Procedure in such as a way as to "secure the just, speedy, and inexpensive determination of
8 every action and proceeding. See Fed. R. Civ. Pr. 1; Pettit v. Pulte Mortg., LLC, 2011 U.S. Dist.
9 LEXIS 131324, 12, 2011 WL 5546422 (D. Nev. Nov. 14, 2011).

3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996

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CONCLUSION
Accordingly, the parties ask the Court to stay this federal court action until March 1,

3 2017. The Parties expect that the underlying state court action will be instrumental in the
4 settlement of the federal claims in the federal lawsuit. Therefore, it is HEREBY STIPULATED
5 AND AGREED, by and between the Parties as follows:
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(1) This case should be stayed until March 1, 2017;

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(2) The discovery requests currently pending will be stayed; and

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(3) Defendant’s Motion for Summary Judgment, ECF NO. 10, is withdrawn without

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prejudice.
DATED this 7th day of December 2016.

3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996

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LEWIS ROCA ROTHGERBER CHRISTIE LLP

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By: /s/ J Christopher Jorgensen
J Christopher Jorgensen (SBN 5382)
Erik J. Foley (SBN 14195)
3993 Howard Hughes Pkwy., Ste. 600
Las Vegas, NV 89169
Attorneys for Defendant CACH, LLC

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KAZEROUNI LAW GROUP, APC

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By: /s/ Michael Kind
Michael Kind
7854 W. Sahara Avenue
Las Vegas, NV 89117
[e-mail]
Attorneys for Plaintiff David Corral

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IT IS SO ORDERED:

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___________________________________
UNITED STATES JUDGE

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December 8, 2016
DATED: ___________________________

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