McIntosh v. Clark County School District et al

Filing 20

ORDER Denying 19 Stipulation to Extend the Stay of Discovery. The deadline to file a joint proposed discovery plan expired on 9/25/2017. The parties are ORDERED to file a joint proposed discovery plan by 9/29/2017. Signed by Magistrate Judge Nancy J. Koppe on 9/26/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MELISSA MARIE MCINTOSH, et al.,
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Plaintiff(s),
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v.
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CLARK COUNTY SCHOOL DISTRICT, et al.,
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Defendant(s).
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Case No. 2:17-cv-00490-JAD-NJK
ORDER
(Docket No. 19)

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Pending before the Court is a stipulation to extend the stay of discovery that was previously

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entered pending resolution of Defendants’ motion to dismiss, Docket No. 19, which is DENIED. As

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an initial matter, at least one claim in this case will proceed based on the order already issued by United

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States District Judge Jennifer A. Dorsey, denying in part the motion to dismiss. Docket No. 18 at 4

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(holding that common law negligence claim was sufficiently pled). Accordingly, a stay of all discovery

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is not appropriate at this point. Cf. Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 602 (D. Nev. 2011)

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(a stay pending resolution of a motion is appropriate only if the motion is “potentially dispositive of the

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entire case or at least dispositive on the issue on which discovery is sought”). Moreover, there is no

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pending motion to dismiss and Defendants acknowledge that they may file an answer, instead. Docket

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No. 19 at 2. It is premature to seek a stay of discovery pending resolution of a motion that has not been

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(and may never be) filed.

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//

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//

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Accordingly, the stipulation to extend the stay of discovery is DENIED. The deadline to file a

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joint proposed discovery plan expired on September 25, 2017. The parties are ORDERED to file a joint

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propose discovery plan by September 29, 2017.

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IT IS SO ORDERED.

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DATED: September 26, 2017

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______________________________________
Nancy J. Koppe
United States Magistrate Judge

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