V5 Technologies v. Switch Ltd. et al
Filing
30
ORDER re 28 Motion to Stay. The Court enters an INTERIM stay of discovery pending resolution of the motion to stay discovery. Signed by Magistrate Judge Nancy J. Koppe on 10/23/2017. (Copies have been distributed pursuant to the NEF - SLD)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
10
V5 TECHNOLOGIES, LLC,
11
Plaintiff(s),
12
v.
13
SWITCH, LTD., et al.,
14
Defendant(s).
15
)
)
)
)
)
)
)
)
)
)
Case No. 2:17-cv-02349-KJD-NJK
ORDER
(Docket No. 28)
16
Pending before the Court is Defendants’ motion to stay discovery pending resolution of their
17
motion to dismiss. Docket No. 28; see also Docket No. 26 (motion to dismiss). The parties dispute the
18
proper schedule for briefing and resolving the motion to stay discovery. Defendants want the motion
19
briefed and resolved on an emergency basis in light of their upcoming discovery obligations. See Docket
20
No. 28-1 at ¶ 12.1 Plaintiff wants the motion to be decided in the normal course, arguing that it must
21
otherwise effectively brief its opposition to the motion to dismiss prior to the deadline set for that filing.
22
See Docket No. 29 at 3.
23
The Court has broad discretionary power to control discovery. See, e.g., Little v. City of Seattle,
24
863 F.2d 681, 685 (9th Cir.1988). Resolving a motion to stay discovery requires an evaluation of the
25
arguments presented in the underlying motion to dismiss and subsequent briefing. See, e.g., Kor Media
26
27
28
1
In particular, the deadline for initial disclosures is upcoming, as is the response deadline for the 92
requests for production of documents that Plaintiff has served. See id. at ¶ 9.
1
Group, LLC v. Green, 294 F.R.D. 579, 581 (D. Nev. 2013) (addressing “preliminary peek”). As such,
2
the Court generally prefers deferring ruling on a motion to stay discovery until the briefing on an
3
underlying motion to dismiss has been completed.
4
The Court hereby enters an INTERIM stay of discovery pending resolution of the motion to stay
5
discovery. The Court further ORDERS that Plaintiff’s response to the motion to stay discovery shall
6
be filed concurrently with its response to the motion to dismiss, and that Defendants’ reply thereto shall
7
be filed concurrently with their reply to the motion to dismiss.2
8
IT IS SO ORDERED.
9
DATED: October 23, 2017
10
______________________________________
NANCY J. KOPPE
United States Magistrate Judge
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Although these briefs are to be filed concurrently, each must be filed as separate documents
addressing the distinct issues and standards of a motion to dismiss and a motion to stay discovery. See, e.g.,
Local Rule IC 2-2(b).
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?