Kirk-Hughes v. State Bar of Nevada et al
Filing
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ORDER that 30 Motion to Stay Discovery is granted. Signed by Magistrate Judge George Foley, Jr on 3/28/17. (Copies have been distributed pursuant to the NEF - MMM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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GERALDINE KIRK-HUGHES,
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Plaintiff,
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vs.
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STATE BAR OF NEVADA, et al.,
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Defendants.
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__________________________________________)
Case No. 2:16-cv-02381-GMN-GWF
ORDER
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This matter is before the Court on Defendants’ Motion to Stay Discovery (ECF No. 30), filed
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on March 9, 2017. To date, Plaintiff has not filed an opposition to this motion and the time for
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opposition has now expired.1
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BACKGROUND
Plaintiff filed an Amended Complaint on January 6, 2017. Amended Complaint (ECF No.
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11). The Amended Complaint asserts causes of action for equal protection and due process, violation
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of financial right to privacy– 12 U.S.C. 3405 and NRS 239A, disparate treatment under Title VII,
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RICO violations–18 U.S.C. 1962(b) and (c), intentional interference with prospective economic
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advantage, intentional interference with contractual relations, negligence, injunctive relief, and failure
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to adequately train, supervise, discipline and/or screen. See id. Defendants David Clark and the State
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Bar of Nevada filed a Motion to Dismiss (ECF No. 20) on January 30, 2017. Plaintiff filed a
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Response (ECF No. 28) on February 27, 2017 and Defendants filed a Reply (ECF No. 29) on March
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6, 2017. Defendants’ Motion to Dismiss seeks dismissal of Plaintiff’s Amended Complaint on the
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grounds that the Court lacks jurisdiction over Plaintiff’s claims under the Rooker-Feldman doctrine,
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Pursuant to Local Rule 47-3, “[t]he failure of an opposing party to include points and authorities in response to any
motion constitutes a consent to granting the motion.”
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that Plaintiff’s claims are barred by the Eleventh Amendment and by absolute immunity under
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Nevada Supreme Court Rule 106, and that this Court should abstain from considering Plaintiff’s case
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under the Younger doctrine. Motion to Dismiss (ECF No. 20), pgs. 7-14. In addition, Defendants’
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Motion to Dismiss argues that notwithstanding the jurisdictional issues raised, Plaintiff’s claims are
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also substantially defective. Id. at pgs. 14-21. Because Defendants’ Motion to Dismiss is potentially
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dispositive of the entire case, Defendants argue that discovery in this matter should be stayed pending
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the resolution of its motion. This stay would relieve the parties of incurring the potentially
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unnecessary expenses of discovery should the District Court grant the Motion to Dismiss.
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DISCUSSION
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The Federal Rules of Civil Procedure do not provide for automatic or blanket stays of
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discovery when a potentially dispositive motion is pending. See Skellerup Indus. Ltd. V. City of L.A.,
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163 F.R.D. 598, 600-1 (C.D. Cal. 1995). Ordinarily, a dispositive motion does not warrant a stay of
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discovery. See Twin City Fire Insurance v. Employers of Wausau, 124 F.R.D. 652, 653 (D. Nev.
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1989). See also Turner Broadcasting System, Inc. v. Tracinda Corp., 175 F.R.D. 554, 556 (D. Nev.
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1997). The moving party carries the heavy burden of making a strong showing of why discovery
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should be denied. Kor Media Group, LLC v. Green, 294 F .R.D. 579, 581 (D. Nev. 2013).
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Courts have broad discretionary power to control discovery. See Little v. City of Seattle, 863
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F.2d 681, 685 (9th Cir.1988). When deciding whether to grant a stay of discovery, the Court is
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guided by the objectives of Fed. R. Civ. P. 1 that ensures a “just, speedy, and inexpensive
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determination of every action.” Kor Media Group, 294 F.R.D. at 581. It is well known that the
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purpose of Fed. R. Civ. P. 12(b)(6) is to enable defendants to challenge the legal sufficiency of a
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complaint without subjecting themselves to discovery. Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597,
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601 (D. Nev. 2011). To establish good cause for a stay, the moving party must show more than an
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apparently meritorious Rule 12(b)(6) motion. Turner Broadcasting System, 175 F.R.D. at 556.
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The Court may grant a motion to stay discovery when “(1) the pending motion is potentially
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dispositive; (2) the potentially dispositive motion can be decided without additional discovery; and
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(3) the Court has taken a “preliminary peek” at the merits of the potentially dispositive motion and is
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convinced that the plaintiff will be unable to state a claim for relief.” Kor Media Group, 294 F.R.D.
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at 581. Common examples of when a stay is warranted are cases involving jurisdiction, venue, or
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immunity as preliminary issues. Twin City Fire Ins. Co., 124 F.R.D. at 653. Furthermore, a stay of
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discovery might be appropriate where the complaint was utterly frivolous, or filed merely for
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settlement value. 4 J. Moore, Federal Practice § 26.70[2], at 461.
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Having reviewed Plaintiff’s Complaint and the briefs on the motion to dismiss, the Court
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finds that a stay of discovery is appropriate here. Defendants’ primary arguments in their Motion to
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Dismiss is that this Court lacks jurisdiction over Plaintiff’s claims based on the Rooker-Feldman
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doctrine, the Eleventh Amendment and Nevada Supreme Court Rule 106. Based on the Court’s
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“preliminary peek,” these arguments are well taken and appear to be meritorious. Discovery would
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therefore serve no purpose until the District Court has determined whether the Court has jurisdiction
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over this case. Moreover, Plaintiff failed to oppose Defendants’ motion and as a result consents to
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the granting of the motion pursuant to Local Rule 47-3. Accordingly,
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IT IS HEREBY ORDERED that Defendants’ Motion to Stay Discovery (ECF No. 30) is
granted.
DATED this 28th day of March, 2017.
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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge
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