Zimmerman v. Snowed Inn, LLC

Filing 34

ORDER. IT IS HEREBY ORDERED that on 31 the parties' Stipulated Motion and Order to Stay Proceedings is granted, in part, as described. See Order for details. Signed by Magistrate Judge George Foley, Jr on 11/15/2017. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 10 11 12 KEVIN ZIMMERMAN, ) ) Plaintiff, ) ) vs. ) ) SNOWED INN, LLC, ) ) Defendant. ) __________________________________________) Case No. 2:17-cv-00563-GMN-GWF ORDER 13 14 15 16 This matter is before the Court on the parties’ Stipulated Motion and Order to Stay Proceedings (ECF No. 31), filed on November 14, 2017. The parties request an order staying all proceedings in this case pending the outcome of a 17 motion to dismiss, which has not yet been filed in Zimmerman v. GJS Group, Inc., 2:17-cv-00304- 18 GMN-GWF. In that case, Intervenor State of Nevada has filed a motion to consolidate that has been 19 fully briefed and awaits a ruling. If the motion to consolidate is granted, Intervenor intends to file a 20 motion to dismiss based on, inter alia, Plaintiff’s alleged lack of standing and failure to state a 21 claim. As a result of the possible motion to dismiss, the parties here are preemptively moving to 22 stay the proceedings so that they do not waste resources going through discovery in the event the 23 motion to dismiss is granted. 24 Upon review and consideration, the Court will temporarily grant the parties’ request. If 25 Intervenor’s motion to consolidate is denied, the stay will be automatically lifted. On the other 26 hand, if the motion to consolidate is granted and Intervenor files a motion to dismiss, the stay is only 27 effective until the motion to dismiss has been fully briefed. At that time, the Court will reevaluate 28 whether a stay of the proceedings is appropriate after taking a preliminary peek at the merits of 1 Intervenor’s motion to dismiss. See Kor Media Group, LLC v. Green, 294 F .R.D. 579, 581 (D. 2 Nev. 2013). Accordingly, 3 4 5 IT IS HEREBY ORDERED that on the parties’ Stipulated Motion and Order to Stay Proceedings (ECF No. 31) is granted, in part, as described herein. DATED this 15th day of November, 2017. 6 7 8 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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