Nguyen v. State Farm Mutual Automobile Insurance Company

Filing 11

ORDER. IT IS ORDERED that 10 the parties' stipulation to stay discovery is GRANTED. To the extent the motion to dismiss is not granted in full, the parties shall conduct a Fed. R. Civ. P. 26(f) conference and file a joint proposed discovery plan within 14 days of the issuance of the order resolving the motion to dismiss. Signed by Magistrate Judge Nancy J. Koppe on 9/7/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LILLY LE NGUYEN, as Special
Administrator of the Estate of PHILLIP
NGUYEN, Deceased,

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Plaintiff(s),
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vs.
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STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, et al.,

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Defendant(s).

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Case No. 2:17-cv-01773-APG-NJK
ORDER
(Docket No. 10)

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Pending before the Court is the parties’ stipulation to stay discovery pending resolution of
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Defendant’s motion to dismiss. Docket No. 10; see also Docket No. 8 (motion to dismiss).
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The case law in this District makes clear that requests to stay all discovery may be granted when:
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(1) the pending motion is potentially dispositive; (2) the potentially dispositive motion can be decided
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without additional discovery; and (3) the Court has taken a “preliminary peek” at the merits of the
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potentially dispositive motion and is convinced that the plaintiff will be unable to state a claim for relief.
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See Kor Media Group, LLC v. Green, 294 F.R.D. 579, 581 (D. Nev. 2013).1 The Court finds that each

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Conducting the preliminary peek puts the undersigned in an awkward position because the assigned
district judge who will decide the motion to dismiss may have a different view of its merits. See Tradebay,
LLC v. eBay, Inc., 278 F.R.D. 597, 603 (D. Nev. 2011). The undersigned’s “preliminary peek” at the merits
of that motion is not intended to prejudice its outcome. See id.

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of these requirements has been met here. Therefore, the Court concludes that discovery should be stayed

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pending resolution of the motion to dismiss.

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For the reasons outlined above, the parties’ stipulation to stay discovery is GRANTED. Docket

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No. 10. To the extent the motion to dismiss is not granted in full, the parties shall conduct a Fed. R. Civ.

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P. 26(f) conference and file a joint proposed discovery plan within 14 days of the issuance of the order

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resolving the motion to dismiss.

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IT IS SO ORDERED.

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DATED: September 7, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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