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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1 2 STEVEN W. MYHRE Acting United States Attorney District of Nevada 6 PATRICK A. ROSE Assistant United States Attorney Nevada Bar No. 5109 501 Las Vegas Boulevard, South, Suite 1100 Las Vegas, Nevada 89101 Telephone: 702-388-6336 Email: 7 Attorneys for the United States 3 4 5 8 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 DARWIN MAZARIEGOS-DIAZ, Plaintiff, 13 14 15 16 v. UNITED STATES OF AMERICA; JESSICA JACOBSEN, Defendants. 17 18 19 20 ) Case No. 2:17-cv-00440-JCM-GWF ) ) ) STIPULATION TO STAY DISCOVERY ) ) ) ) ) ) ) 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 21 of a motion for summary judgment. The United States anticipates being able to file the motion 22 in the next approximately thirty days. The basis for the anticipated motion is the six month 23 limitations period in 28 U.S.C. § 2401(b), part of Federal Tort Claims Act, 28 U.S.C. §§ 24 1346(b)(1), 1402(b), 2401(b), 2402, 2671-2680 (“FTCA”). Because this limitations period 25 commences from service of the federal agency’s letter denying Plaintiff’s administrative tort 26 claim, and such denial letter is not mentioned in Plaintiff’s Complaint, the United States will 27 raise the limitations period defense through a motion for summary judgment rather than a 28 motion to dismiss. 1 1 If granted, the motion for summary judgment will be dispositive of the entire case. 2 Counsel agree that it would be prudent and conserve resources and expenses to have 3 such motion adjudicated before engaging in discovery. 4 This Court has previously approved stays of discovery pending adjudication of a 5 limitations period defense. See, e.g., Holmes v. Metro. Police Dep’t, No. 2:13-cv-00877-APG- 6 GWF, 2014 WL 3734282, at *3 (D. Nev. July 29, 2014). 7 Accordingly, counsel stipulate to, and request that this Court approve, a stay of 8 discovery pending adjudication of the United States’ upcoming motion for summary judgment. 9 In entering into this stipulation, Plaintiff agrees only to the stay of discovery; nothing 10 herein should be construed as an admission or waiver by Plaintiff relative to the merits of the 11 limitations period defense. 12 13 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 Attorneys for Plaintiff /s/ Patrick A. Rose PATRICK A. ROSE Assistant United States Attorney 14 15 16 17 Attorneys for the United States 18 19 20 21 22 IT IS SO ORDERED: 23 24 25 26 UNITED STATES MAGISTRATE JUDGE UNITED STATES DISTRICT JUDGE DATED: 8/28/2017 27 28 2

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