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)

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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

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