Kalling v. Cannery Casino Resorts, LLC

Filing 16

ORDER denying 15 Request to Stay Discovery. Signed by Magistrate Judge Nancy J. Koppe on 4/27/2018. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARK KALLING,
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Plaintiff(s),
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vs.
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CANNERY CASINO RESORTS, LLC,
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Defendant(s).
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Case No. 2:17-cv-02592-JCM-NJK
ORDER
(Docket No. 15)

Pending before the Court is the parties’ joint status report. Docket No. 15. For the reasons
discussed more fully below, the request to stay discovery is DENIED. Docket No. 15.

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Courts have broad discretionary power to control discovery. See, e.g., Little v. City of Seattle,

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863 F.2d 681, 685 (9th Cir.1988). “The Federal Rules of Civil Procedure do not provide for automatic

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or blanket stays of discovery when a potentially dispositive motion is pending.” Tradebay, LLC v. eBay,

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Inc., 278 F.R.D. 597, 600 (D. Nev. 2011). In deciding whether to grant a stay of discovery, the Court

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is guided by the objectives of Rule 1 to ensure a just, speedy, and inexpensive determination of every

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action. Id. at 602-03. Motions to stay discovery pending resolution of a dispositive motion may be

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granted when: (1) the pending motion is potentially dispositive; (2) the potentially dispositive motion

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can be decided without additional discovery; and (3) the Court has taken a “preliminary peek” at the

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merits of the potentially dispositive motion to evaluate the likelihood of dismissal. See Kor Media

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Group, LLC v. Green, 294 F.R.D. 579, 581 (D. Nev. 2013). A party seeking to stay discovery pending

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resolution of a potentially dispositive motion bears the burden of establishing that discovery should be

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stayed. See Kabo Tools Co. v. Porauto Indus. Co., Ltd., 2013 U.S. Dist. Lexis 156928, *1 (D. Nev. Oct.

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31, 2013) (citing Holiday Sys., Int’l of Nev. v. Vivarelli, Scharwz, and Assocs., 2012 U.S. Dist. Lexis

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125542, *5 (D. Nev. Sept. 5, 2012)).

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On March 27, 2018, the Court granted the parties’ request to extend the stay of discovery 30 days

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to facilitate settlement discussions. Docket No. 14. In the instant joint status report, the parties submit

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that, although they have not reached a resolution, they are still engaged in settlement discussions.

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Docket No. 15. The parties further submit that Defendant intends to respond to Plaintiff’s complaint

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by May 17, 2018, by filing a motion to dismiss. Id. The parties request a stay of discovery pending

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resolution of Defendant’s motion to dismiss. Id. at 2.

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The Court finds that a stay of discovery is not appropriate in this case. Most significantly, the

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Court cannot issue an order based on a hypothetical filing. See Docket. It bears repeating that the filing

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of a non-frivolous dispositive motion, standing alone, is simply not enough to warrant staying discovery.

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See, e.g., Tradebay, 278 F.R.D. at 603. Instead, the Court must be “convinced” that the dispositive

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motion will be granted. See, e.g., id. “That standard is not easily met.” Kor Media, 294 F.R.D. at 583.

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“[T]here must be no question in the court’s mind that the dispositive motion will prevail, and therefore,

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discovery is a waste of effort.” Id. (quoting Trazka v. Int’l Game Tech., 2011 U.S. Dist. LEXIS 39275,

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*8 (D. Nev. Mar. 29, 2011)) (emphasis in original). The Court requires this robust showing that the

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dispositive motion will succeed because applying a lower standard would likely result in unnecessary

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delay in many cases. Id. (quoting Traska, 2011 U.S. Dist. LEXIS 39275, at *10).

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For the reasons discussed above, the Court DENIES the parties’ request to stay discovery.
Docket No. 15.

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IT IS SO ORDERED.

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DATED: April 27, 2018

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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