Hawkins Marital Trust v. Peterson et al

Filing 13

ORDER Granting 9 Stipulation to Stay. Signed by Magistrate Judge Cam Ferenbach on 3/21/17. (Copies have been distributed pursuant to the NEF - MR)

1 DARRELL D. DENNIS, ESQ.
Nevada Bar No. 6618
2 ADAM J. PERNSTEINER, ESQ.
Nevada Bar No. 7862
3 JAKE R. SPENCER, ESQ.
Nevada Bar No. 12282
4 LEWIS BRISBOIS BISGAARD & SMITH LLP
6385 S. Rainbow Boulevard, Suite 600
5 Las Vegas, Nevada 89118
Phone: [phone]
6 E-Mail: [e-mail]
E-Mail: [e-mail]
7 E-Mail: [e-mail]
Attorneys for Defendants Randolph Peterson
8 and Teri Peterson
9
UNITED STATES DISTRICT COURT
10
DISTRICT OF NEVADA
11
12 HAWKINS MARITAL TRUST, by and through
its trustees, ROBERT N. CARRIKER, ARTHUR
13 O. DUMMER and CRAIG A. KREISER,

CASE NO.: 2:17-cv-00610
STIPULATION AND ORDER TO STAY

14

Plaintiff,

15 vs.
16 RANDOLPH PETERSON and TERI
PETERSON and DOES I Through V, inclusive;
17
Defendants.
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Plaintiff HAWKINS MARITAL TRUST (“Plaintiff”), by and through its attorneys of

21 record, ELLIS LAW, P.C., and Defendants RANDOLPH PETERSON and TERI PETERSON
22 (“Defendants”), by and through their attorneys of record, Lewis Brisbois Bisgaard & Smith LLP,
23 hereby agree as follows:
24

1.

On November 23, 2016, Plaintiff filed suit against Defendants in the Eighth

25 Judicial District Court, Clark County, State of Nevada, Case No. A-16-747122-C. The Plaintiff
26 seeks to obtain judgments from Defendants related to two parcels of real property located in Clark
27 County, Nevada.

LEWIS

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2.

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4815-2420-7173.1

Subsequently, on February 24, 2017, Defendants removed this matter to Federal

1 Court. [Doc. 1].
2

3.

On March 3, 2017, Defendants filed their Motion to Dismiss Plaintiff’s Complaint

3 [Doc. 7]. Plaintiff filed an Opposition on March 17, 2017 [Doc. 8].
4

4.

This case is at the initial pleading stage so there will be no prejudice or disruption

5 to the proceedings by staying this matter at this early stage. In addition, no other parties are
6 involved in this case and all of the parties in the case agree to staying discovery. As such, this stay
7 will not prejudice any other party and it will avoid unnecessary expense to the parties appearing in
8 this case.
9

5.

A district court has “wide discretion in controlling discovery,” and its decision will

10 not be overturned absent a clear abuse of discretion. Little v. City of Seattle, 863 F.2d 681, 685
11 (9th Cir. 1988). A stay of discovery “furthers the goal of efficiency for the court and litigants.” Id.
12 at 685. “In exercising [its] discretion, a court may relieve a party of the burdens of discovery
13 while a potentially dispositive motion is pending.” Kuzova v. U.S. Dep’t of Homeland Sec., No.
14 10-01711, 2011 WL 3422777, at *1 (D. Nev. Aug. 3, 2011) (citing Turner Broadcasting Sys. v.
15 Tracinda Corp., 175 F.R.D. 554, 555-56 (D. Nev. 1997)).
16

6.

A stay of the action pending the resolution of Defendants’ Motion to Dismiss

17 Plaintiff’s Complaint would be prudent and most economical for the parties. See Irish v. U.S.,
18 2015 WL 557075 (D. Nev., February 10, 2015).
19

As such, the parties stipulate as follows:

20

1.

That this action be stayed until the Court has ruled on Defendants’ Motion to

21 Dismiss Plaintiff’s Complaint.
22

2.

The stay shall include all current deadlines, including discovery deadlines. Any

23 outstanding discovery deadlines shall be stayed as indicated above.
24 / / /
25 / / /
26 / / /
27 / / /

LEWIS

28 / / /

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4815-2420-7173.1

2

1

3.

Within 30 days after a ruling on Defendants’ Motion to Dismiss Plaintiff’s

2 Complaint, the parties will, as necessary: (1) submit a Stipulation and Order reflecting resolution
3 of either or all of the claims and/or (2) reconvene pursuant to LR 26-1 to prepare an updated
4 Discovery Plan and Scheduling Order for the Court’s approval.
5
6 DATED: _March 20, 2017_________
LEWIS BRISBOIS BISGAARD
7 & SMITH LLP

DATED: _ March 20, 2017______
ELLIS LAW, P.C.

8
_____
9 By:_/s/ Adam J. Pernsteiner
Adam J. Pernsteiner, Esq.
10
Nevada Bar No. 7862
6385 S. Rainbow Blvd., Suite 600
11
Las Vegas, Nevada 89118
Attorneys for Defendants
12

By:___/s/ Frank A. Ellis III________
Frank A. Ellis III, Esq.
Nevada Bar No. 1623
510 South 9th Street
Las Vegas, Nevada 89101
Attorneys for Plaintiff

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ORDER
IT IS SO ORDERED.

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17

_____________________________________
UNITED STATES MAGISTRATE JUDGE

18

3-21-2017
DATED:______________________________

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LEWIS

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4815-2420-7173.1

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