Cellemme v. Lynch et al

Filing 78

ORDER granting 77 Motion to Stay Case. Signed by Judge Jennifer A. Dorsey on 4/20/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:16-cv-02539-JAD-DJA Document 78 Filed 04/20/20 Page 1 of 4

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NICHOLAS A. TRUTANICH
United States Attorney

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HOLLY A. VANCE
Assistant United States Attorney
United States Attorney’s Office
400 South Virginia Street, Suite 900
Reno, NV 89501
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendant William Barr

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DREE ANN CELLEMME,
Plaintiff,

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Case No. 2:16-cv-02539-JAD-DJA
JOINT MOTION TO STAY CASE
UNTIL FBI RESUMES DISCOVERY
OPERATIONS

v.
WILLIAM BARR, U.S. Attorney General,
Defendant.

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Defendant William Barr (“Defendant”) and Plaintiff Dree Ann Cellemme (“Plaintiff”)

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hereby stipulate to, and jointly move for, an order staying the case until discovery operations

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resume at the Federal Bureau of Investigation (“FBI”). The FBI is currently unable to process

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discovery requests because staff who process such requests are on administrative leave due to the

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spread of the COVID-19 virus. This motion is supported by the case law cited herein and the

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attached declarations.

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PLAINTIFF’S CLAIMS

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Plaintiff has filed suit under Title VII of the Civil Rights Act and the Rehabilitation Act.

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(ECF No. 43, at ¶¶ 41-87). She asserts claims for gender and disability discrimination based on

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Case 2:16-cv-02539-JAD-DJA Document 78 Filed 04/20/20 Page 2 of 4

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various personnel actions taken by the FBI, including discharging her from her employment with

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the agency. (Id.).

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DISCOVERY

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The parties have engaged in written discovery in the case, including providing initial and

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supplemental disclosures, requesting and producing thousands of pages of documents, and

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propounding and responding to discovery requests. (Vance Decl. ¶ 3). Recently, the parties

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submitted, and responded to, an additional round of discovery requests. (Id. ¶ 4). On April 8,

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2020, the parties met and conferred to discuss responses to those requests that each party believed

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warranted the submission of additional information. (Id.).

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After that meet-and-confer conference, defense counsel contacted FBI counsel regarding

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Plaintiff’s requests for additional information. (Id. ¶ 5). FBI counsel advised at that time that the

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agency was unable to process discovery requests because all staff within the agency’s Discovery

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Management Section (“DMS”) are on administrative leave due to the COVID-19 crisis. (Id. ¶ 5;

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Wiegand Decl. ¶ 15). Without the assistance of DMS staff, the FBI is unable to process discovery

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requests. (Wiegand Decl. ¶ 16).

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Once the meet-and-confer issues are resolved, the parties plan to depose key witnesses in

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the case. (Vance Decl. ¶ 6). Those depositions cannot proceed, however, until the parties receive

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all documents to which they are entitled under the discovery rules. (Id.).

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DEFENSE COUNSEL’S UNAVAILABILITY

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On April 9, 2020, defense counsel learned that her father entered into hospice care at a

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nursing home in Manchester, New Hampshire. (Vance Decl. ¶ 7). Defense counsel is exploring

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the possibility of flying to New Hampshire. (Id.). It is unclear at this time, however, whether

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defense counsel may enter the nursing home to visit her father due to the COVID-19 crisis. (Id.).

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Case 2:16-cv-02539-JAD-DJA Document 78 Filed 04/20/20 Page 3 of 4

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If counsel is unable to see her father, she nonetheless plans to take time off due to her father’s

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deteriorating condition. (Id.).

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ARGUMENT
A.

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Good cause exists to stay the proceedings because the FBI is currently unable to
process discovery requests.

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A district court has broad discretion to stay proceedings incidental to its power to control

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its own docket. Landis v. North Am. Co., 299 U.S. 248, 254 (1936); see also CMAX, Inc. v. Hall,

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300 F.2d 265, 268 (9th Cir. 1962) (district courts possess “inherent power to control the

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disposition of the causes on its docket in a manner which will promote economy of time and effort

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for itself, for counsel, and for litigants”). A district court may stay proceedings where the moving

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party demonstrates good cause. Libutan v. MGM Grand Hotel LLC, 2020 WL 1434440, at *2 (D.

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Nev. Mar. 24, 2020).

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Here, good cause warrants a stay of the proceedings. The FBI is currently unable to

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process discovery requests due to the COVID-19 crisis. Moreover, defense counsel will be out of

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the office, and possibly in New Hampshire, due to her father’s recent placement in hospice care.

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Under the circumstances, a stay of the proceedings is appropriate. See Libutan, 2020 WL

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1434440, at *2 (extenuating circumstances caused by the COVID-19 virus establish good cause

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to stay the proceedings); Garbutt v. Ocwen Loan Servicing, LLC, 2020 WL 1476159, at *2 (M.D.

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Fla. Mar. 26, 2020) (finding good cause exists to stay the proceedings “based on the disruption to

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business caused by the spread of COVID-19”). 1

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In the event the Court grants the stay, the parties plan to issue a revised discovery plan after the
DMS resumes operations. The revised discovery plan will provide dates for the remaining
deadlines in the case: discovery cut-off, dispositive motions and a joint pre-trial order.
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Case 2:16-cv-02539-JAD-DJA Document 78 Filed 04/20/20 Page 4 of 4

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CONCLUSION

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For the reasons argued above, a stay of the proceedings is warranted.

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Respectfully submitted this 17th day of April, 2020.

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NICHOLAS A. TRUTANICH
United States Attorney

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s/ Holly A. Vance
HOLLY A. VANCE
Assistant United States Attorney

s/ Dylan T. Cicliano
DYLAN T. CICILIANO
Counsel for Plaintiff

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IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE
DATED: ______________

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