Mazariegos-Diaz v. United States of America et al

Filing 11

ORDER Granting 10 Stipulation to Stay Discovery. Signed by Magistrate Judge George Foley, Jr on 8/28/17. (Copies have been distributed pursuant to the NEF - MR)

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STEVEN W. MYHRE
Acting United States Attorney
District of Nevada

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PATRICK A. ROSE
Assistant United States Attorney
Nevada Bar No. 5109
501 Las Vegas Boulevard, South, Suite 1100
Las Vegas, Nevada 89101
Telephone: [phone]
Email: [e-mail]

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Attorneys for the United States

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DARWIN MAZARIEGOS-DIAZ,
Plaintiff,

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v.
UNITED STATES OF AMERICA;
JESSICA JACOBSEN,
Defendants.

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) Case No. 2:17-cv-00440-JCM-GWF
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) STIPULATION TO STAY DISCOVERY
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IT IS HEREBY STIPULATED between Plaintiff Darwin Mazariegos-Diaz and
Defendant United States as follows:
During their Rule 26(f) conference, counsel agreed to stay discovery pending disposition

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of a motion for summary judgment. The United States anticipates being able to file the motion

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in the next approximately thirty days. The basis for the anticipated motion is the six month

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limitations period in 28 U.S.C. § 2401(b), part of Federal Tort Claims Act, 28 U.S.C. §§

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1346(b)(1), 1402(b), 2401(b), 2402, 2671-2680 (“FTCA”). Because this limitations period

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commences from service of the federal agency’s letter denying Plaintiff’s administrative tort

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claim, and such denial letter is not mentioned in Plaintiff’s Complaint, the United States will

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raise the limitations period defense through a motion for summary judgment rather than a

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motion to dismiss.
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If granted, the motion for summary judgment will be dispositive of the entire case.

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Counsel agree that it would be prudent and conserve resources and expenses to have

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such motion adjudicated before engaging in discovery.

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This Court has previously approved stays of discovery pending adjudication of a

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limitations period defense. See, e.g., Holmes v. Metro. Police Dep’t, No. 2:13-cv-00877-APG-

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GWF, 2014 WL 3734282, at *3 (D. Nev. July 29, 2014).

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Accordingly, counsel stipulate to, and request that this Court approve, a stay of

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discovery pending adjudication of the United States’ upcoming motion for summary judgment.

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In entering into this stipulation, Plaintiff agrees only to the stay of discovery; nothing

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herein should be construed as an admission or waiver by Plaintiff relative to the merits of the

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limitations period defense.

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Respectfully submitted this 24th day of August 2017.
PATTI, SGRO & ROGER

STEVEN W. MYHRE
Acting United States Attorney

/s/ Andrew D. Sedlock
Andrew D. Sedlock, Esq.
720 S. Seventh Street, Third Floor
Las Vegas, Nevada 89101
[e-mail]
Attorneys for Plaintiff

/s/ Patrick A. Rose
PATRICK A. ROSE
Assistant United States Attorney

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Attorneys for the United States

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE
UNITED STATES DISTRICT JUDGE
DATED: 8/28/2017

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