Spencer Gifts v. Clark County et al

Filing 20

ORDER Granting 19 First Stipulation to Stay Discover. Discovery is stayed for a period of 6 months from the time of entry of this Order. Signed by Magistrate Judge Carl W. Hoffman on 6/8/2018. (Copies have been distributed pursuant to the NEF - SLD)

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THOMAS D. DILLARD, JR., ESQ.
Nevada Bar No. 006270
OLSON, CANNON, GORMLEY
ANGULO & STOBERSKI
9950 West Cheyenne Avenue
Las Vegas, NV 89129
Phone: [phone]
Fax: [phone]
[e-mail]
Attorney for CLARK COUNTY
and CCBC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
****

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(ID

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SPENCER GIFTS LLC, a Delaware limited liability)
company;
)
) CASE NO. 2: 18-cv-0349-GMN-CWH
Plaintiff,
)
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COUNTY OF CLARK; CLARK COUNTY
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BOARD OF COMMISSIONERS,
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Defendants.
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STIPULATION AND ORDER TO STAY DISCOVERY
(First Request)
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The parties herein, Plaintiff SPENCER GIFTS LLC, by and through their counsel of
record, ROBERT S. LARSEN, ESQ. of the law offices of Gordon, Rees, Scully, Mansukhani,
LLP and Defendants COUNTY OF CLARK and the CLARK COUNTY BOARD OF
COMMISSIONERS, by and through their counsel of record, THOMAS D. DILLARD, JR.,
ESQ., of the law offices of Olson, Cannon, Gormley, Angulo & Stoberski, hereby stipulate to
and make joint application for a six month stay of discovery in this case pursuant to Federal Rule
of Civil Procedure 26(c).
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II!

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The parties further acknowledge and agree that this is their first request for an extension,
and that this stipulation is made in good faith and not for purposes of delay. The parties held a
meeting on May 22, 2018 to specifically discuss compromise and possible ways to resolve the
case without further court intervention. The parties believe that there is a fair probability of
being able to reach an accord to resolve this matter and that the settlement likelihood will be
increased by staying discovery for a six (6) month period of time to fully explore settlement
possibilities and to not expend the considerable time and resources needed to complete discovery
and engage in the requisite motion practice.
Pursuant to Federal Rule of Civil Procedure 26(c), this Court may make any order which
justice requires "to protect a party or person from annoyance, embarrassment, or oppression, or
undue burden or expense. . . ." It is within the Court's broad discretion over discovery to
determine whether a stay of discovery is appropriate. Little v. City of Seattle, 863 F.2d 681, 685
(9th Cir. 1988). "In deciding whether to grant a stay of discovery, the Court is guided by the
objectives of Rule 1 to ensure a 'just, speedy, and inexpensive determination of every action."
Kor Media Group, LLC v. Green, 294 F.R.D. 579, 581 (D. Nev. 2013). The Ninth Circuit has
further noted that it is firmly "committed to the rule that the law favors and encourages
compromise settlements." United States v. McInnes, 556 F.2d 436, 441 (9th Cir. 1977). "[There
is an overriding public interest in settling and quieting litigation." Id. (citations omitted). "It is
well recognized that settlement agreements are judicially favored as a matter of sound public
policy. Settlement agreements conserve judicial time and limit expensive litigation." Speed
Shore Corp. v. Denda, 605 F.2d 469, 473 (9th Cir.1979).
It is respectfully submitted neither side believes this minor delay of six (6) months will
cause harm to their ability to do discovery in the matter and nor will it cause either side to be in a
worse position in any definable manner with regard to the merits of this case. The parties further
believe that by not expending the time and resources needed to complete discovery and engage in
rigorous motion practice regarding issues of constitutional law now and to rather take this time to
fully explore the resolution of this matter that the parties will set themselves in the best position
possible to reach a mutual accord and also preserve their assets and protect the funds with which

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they are entrusted. Therefore, the parties submit that a six (6) month stay of discovery will

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"secure the just, speedy and inexpensive determination of [this] action and proceeding."

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Fed.R.Civ.P. 1.

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DATED this 6th day of June, 2018.
OLSON, CANNON, GORMLEY,
ANGULO & STOBERSKI

GORDON REES SCULLY
MANSUKHANI, LLP

By /s/ T4,141,44 D. Da€441
THOMAS D. DILLARD, JR., ESQ.
Nevada Bar No. 6270
9950 W. Cheyenne Avenue
Las Vegas, Nevada 89129
Attorney for Defendant
Boyd Gaming Corporation

By /s/ Robert S. Larsen
ROBERT S. LARSEN, ESQ.
Nevada Bar No. 007785
300 South Fourth Street, Ste. 1550
Las Vegas, Nevada 89101
Attorneys for Plaintiff

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ORDER

IT IS SO ORDERED, pursuant to the Stipulation, discovery in this matter is stayed for a
period of six (6) months from the time of entry of this order.
DATED this 8

day of

June

, 2018.

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UNITED STATES MAGISTRATE JUDGE

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