JPMorgan Chase Bank, N.A. v. G2 Ventures LLC et al

Filing 50

ORDER that 49 Stipulation to Stay Discovery is DENIED without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 11/28/2017. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JP MORGAN CHASE BANK, N.A.,
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Plaintiff(s),
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v.
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G2 VENTURES LLC, et al.,
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Defendant(s).
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Case No. 2:17-cv-01576-RFB-NJK
ORDER
(Docket No. 49)

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Pending before the Court is a stipulation to stay discovery pending resolution of two motions to

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dismiss. Docket No. 49. The stipulation indicates that the parties are in agreement that they believe it

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is most efficient to avoid discovery until those motions are decided. Id.1 The elephant in the room that

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is ignored in the stipulation, however, is the fact that discovery is set to close in 28 days. See Docket

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No. 31 at 3. As such, discovery should be essentially done at this point,2 and it does not appear to be

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in furtherance of the goals of Rule 1 to stay discovery given the discovery period is about to close. See,

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e.g., Bank of N.Y. Mellon v. Pomeroy, 2017 U.S. Dist. Lexis 179903, at *1 (D. Nev. Oct. 31, 2017).

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The stipulation focuses on the motion to dismiss filed by Arbuckle, but the pendency of that motion
does not generally provide grounds to stay discovery with respect to Plaintiff and Defendant G2. Cf. White
v. American Tobcco, Co., 125 F.R.D. 508, 509 (D. Nev. 1989). Moreover, the mere pendency of G2’s
motion to dismiss, standing alone, is not grounds to stay discovery. See, e.g., Tradebay, LLC v. eBay, Inc.,
278 F.R.D. 597, 601 (D. Nev. 2011) (“The Federal Rules of Civil Procedure do not provide for automatic
or blanket stays of discovery when a potentially dispositive motion is pending”).
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The stipulation does not indicate what discovery (if any) has been conducted to date.

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Accordingly, the Court DENIES without prejudice the stipulation to stay discovery.

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IT IS SO ORDERED.

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DATED: November 28, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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