LHF Productions, Inc. v. Does

Filing 97

ORDER. IT IS ORDERED that 92 the Motion to Extend Time is GRANTED; defendant Kabala's deadline to file an amended counterclaim is extended to 1/20/18, and the Clerk of Court is directed to STRIKE 96 Kabala's Amended Counterclaim. IT IS FURTHER ORDERED that 93 the Motion for Leave to File Second Amended Counterclaim is DENIED as moot. IT IS FURTHER ORDERED that 94 the Motion to Stay Discovery is DENIED without prejudice to the filing of a single motion to stay discovery. Signed by Judge Jennifer A. Dorsey on 11/15/2017. (Copies have been distributed pursuant to the NEF - ADR)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

LHF Productions, Inc.,
Plaintiff
v.

2:16-cv-02028-JAD-NJK
Order Re: Brian Kabala’s Requests
[ECF Nos. 92, 93, 94]

Brian Kabala, et al.,
Defendants
In a lengthy order on October 23, 2017, I gave defendant/counterclaimant
Brian Kabala until November 14, 2017, to file an amended counterclaim.1 Kabala,
who has been participating in this case in a pro se capacity, has retained counsel.
Counsel now asks for an extension of that deadline, alternatively asks for the
ability to file an amended counterclaim on the deadline but amend again once
counsel gets up to speed, and also asks the court to stay the discovery deadlines
until the parties can negotiate new ones.2
I find good cause to extend the deadline and excusable neglect for the delay in
asking for the extension, so I grant the request to extend the November 14, 2017,
deadline. Kabala did file a placeholder amended counterclaim on yesterday’s
deadline. To keep the record cleaner, I strike that amended counterclaim [ECF No.
96] and deny the alternative request for permission to file a second amended
counterclaim [ECF No. 93]. Kabala has until January 20, 2018, to file a counseled
first amended counterclaim.
The issue of the discovery stay is more appropriately addressed to the
magistrate judge. But because the defendant packaged all three of these requests

into a single document (see LR IC 2-2(b)(“For each type of relief requested or
purpose of the document, a separate document must be filed . . .”)), the request to
stay discovery could not be cleanly referred to the magistrate judge. Accordingly, I
deny this request to stay discovery without prejudice to the defendant’s ability to
file a separate motion with this singular request for the magistrate judge to rule on.
IT IS THEREFORE ORDERED that:
•

The Motion to Extend Time [ECF No. 92] is GRANTED; defendant
Kabala’s deadline to file an amended counterclaim is extended to
January 20, 2018, and the Clerk of Court is directed to STRIKE
Kabala’s Amended Counterclaim [ECF No. 96];

•

The Motion for Leave to File Second Amended Counterclaim [ECF No.
93] is DENIED as moot; and

•

The Motion to Stay Discovery [ECF No. 94] is DENIED without
prejudice to the filing of a single motion to stay discovery.

DATED: November 15, 2017

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U.S. District Judge Jennife A. Dorsey
Jennifer
strict Ju
r Judge J n