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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SCOTT MUELLER,
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)
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Plaintiff(s),
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vs.
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TOUCH LLC, et al.,
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Defendant(s).
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__________________________________________)

Case No. 2:17-cv-00999-APG-NJK
ORDER
(Docket Nos. 35, 41)

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Pending before the Court is Plaintiff’s motion to stay, to which notices of non-opposition have

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been filed. Docket Nos. 41, 44-45. Also pending before the Court is a motion to consolidate, to which

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the responsive deadline had been extended and to which Plaintiff has not yet responded. See Docket

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No. 35 (motion); see also (Docket No. 39-40) (order granting stipulations to extend time).

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The Court hereby GRANTS the motion to stay this case (Docket No. 41) to afford Plaintiff an

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opportunity to retain new counsel. Unless Plaintiff earlier files a notice of intent to proceed pro se or

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has an attorney file a notice of appearance, the case is hereby STAYED until September 25, 2017. At

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that date, Plaintiff shall file (1) a notice of intent to proceed pro se, (2) a notice of an attorney’s

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appearance, or (3) a motion or stipulation to extend the stay. Within 14 days of the lifting of the stay,

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the parties shall file a joint statement as to whether the scheduling order should be modified.

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As the case is being stayed and as Plaintiff did not have a sufficient opportunity to respond to

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the motion to consolidate, that motion to consolidate (Docket No. 35) is hereby DENIED without

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prejudice. Once Plaintiff files a notice of intent to proceed pro se or a notice of an attorney’s

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appearance, Touch LLC shall meet-and-confer with Plaintiff or his attorney, respectively, regarding

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consolidation. Any renewed motion to consolidate shall be filed within 14 days of the lifting of the stay.

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IT IS SO ORDERED.

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DATED: August 25, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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