Mueller v. Desert Palace, Inc. et al

Filing 46

ORDER Granting Plaintiff's 41 Motion to Stay Case. The case is stayed until 9/25/2017. Defendant Touch LLC's 35 Motion to Consolidate Cases is Denied without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 8/25/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 SCOTT MUELLER, 11 12 13 14 15 ) ) Plaintiff(s), ) ) vs. ) ) TOUCH LLC, et al., ) ) Defendant(s). ) __________________________________________) Case No. 2:17-cv-00999-APG-NJK ORDER (Docket Nos. 35, 41) 16 Pending before the Court is Plaintiff’s motion to stay, to which notices of non-opposition have 17 been filed. Docket Nos. 41, 44-45. Also pending before the Court is a motion to consolidate, to which 18 the responsive deadline had been extended and to which Plaintiff has not yet responded. See Docket 19 No. 35 (motion); see also (Docket No. 39-40) (order granting stipulations to extend time). 20 The Court hereby GRANTS the motion to stay this case (Docket No. 41) to afford Plaintiff an 21 opportunity to retain new counsel. Unless Plaintiff earlier files a notice of intent to proceed pro se or 22 has an attorney file a notice of appearance, the case is hereby STAYED until September 25, 2017. At 23 that date, Plaintiff shall file (1) a notice of intent to proceed pro se, (2) a notice of an attorney’s 24 appearance, or (3) a motion or stipulation to extend the stay. Within 14 days of the lifting of the stay, 25 the parties shall file a joint statement as to whether the scheduling order should be modified. 26 As the case is being stayed and as Plaintiff did not have a sufficient opportunity to respond to 27 the motion to consolidate, that motion to consolidate (Docket No. 35) is hereby DENIED without 28 prejudice. Once Plaintiff files a notice of intent to proceed pro se or a notice of an attorney’s 1 appearance, Touch LLC shall meet-and-confer with Plaintiff or his attorney, respectively, regarding 2 consolidation. Any renewed motion to consolidate shall be filed within 14 days of the lifting of the stay. 3 IT IS SO ORDERED. 4 DATED: August 25, 2017 5 6 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 7 8 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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