Nationstar Mortgage LLC v. Sunrise Ridge Master Homeowners Association et al

Filing 31

ORDER that 26 Motion to Stay Discovery is DENIED. Signed by Magistrate Judge Nancy J. Koppe on 9/12/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 NATIONSTAR MORTGAGE LLC, 11 Plaintiff(s), 12 vs. 13 SUNRISE RIDGE MASTER HOMEOWNERS ASSOCIATION, et al., 14 Defendant(s). 15 ) ) ) ) ) ) ) ) ) ) ) Case No. 2:17-cv-01586-RFB-NJK ORDER (Docket No. 26) 16 Pending before the Court is Defendant HOA’s motion to stay discovery pending resolution of 17 its motion to dismiss. See Docket No. 26; see also Docket No. 14 (motion to dismiss). Plaintiff filed 18 a response in opposition, and Defendant filed a reply. Docket No. 27, 30. As Defendant’s moving 19 papers acknowledge, one of the requirements for seeking a stay of all discovery pending resolution of 20 a motion to dismiss is that the motion to dismiss is potentially case-dispositive in scope. See Docket 21 No. 26 at 4 (discussing Kor Media Group, LLC v. Green, 294 F.R.D. 579, 581 (D. Nev. Oct. 29, 2013)); 22 see also Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 602 (“the pending motion must be potentially 23 dispositive of the entire case or at least dispositive on the issue on which discovery is sought”). In this 24 case, Defendant’s motion to dismiss on its face challenges only Plaintiff’s quiet title/declaratory relief 25 claim. See Docket No. 14 at 7-9. While Defendant argues in conjunction with the stay motion that a 26 ruling in its favor on the motion to dismiss will also impact the other claims brought by Plaintiff, see 27 Docket No. 30 at 2, it fails to show that a ruling in its favor on the motion to dismiss will actually 28 dispose of the entire case such that a blanket stay of discovery is warranted. 1 Accordingly, the motion to stay discovery is DENIED. 2 IT IS SO ORDERED. 3 DATED: September 12, 2017 4 5 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 6 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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