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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NATIONSTAR MORTGAGE LLC,

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Plaintiff(s),

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vs.

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SUNRISE RIDGE MASTER HOMEOWNERS
ASSOCIATION, et al.,

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Defendant(s).
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Case No. 2:17-cv-01586-RFB-NJK
ORDER
(Docket No. 26)

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Pending before the Court is Defendant HOA’s motion to stay discovery pending resolution of

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its motion to dismiss. See Docket No. 26; see also Docket No. 14 (motion to dismiss). Plaintiff filed

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a response in opposition, and Defendant filed a reply. Docket No. 27, 30. As Defendant’s moving

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papers acknowledge, one of the requirements for seeking a stay of all discovery pending resolution of

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a motion to dismiss is that the motion to dismiss is potentially case-dispositive in scope. See Docket

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No. 26 at 4 (discussing Kor Media Group, LLC v. Green, 294 F.R.D. 579, 581 (D. Nev. Oct. 29, 2013));

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see also Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 602 (“the pending motion must be potentially

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dispositive of the entire case or at least dispositive on the issue on which discovery is sought”). In this

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case, Defendant’s motion to dismiss on its face challenges only Plaintiff’s quiet title/declaratory relief

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claim. See Docket No. 14 at 7-9. While Defendant argues in conjunction with the stay motion that a

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ruling in its favor on the motion to dismiss will also impact the other claims brought by Plaintiff, see

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Docket No. 30 at 2, it fails to show that a ruling in its favor on the motion to dismiss will actually

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dispose of the entire case such that a blanket stay of discovery is warranted.

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Accordingly, the motion to stay discovery is DENIED.

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IT IS SO ORDERED.

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DATED: September 12, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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