Wall v. NSB East Bonanza

Filing 37

ORDER. IT IS ORDERED that 22 and 24 Defendants motions for a hearing and Plaintiffs 25 and 33 motions to extend are Granted. IT IS FURTHER ORDERED that a hearing is set for Monday, 2/21/2022 at 11:00 a.m. via videoconference. IT IS FURTHER ORDERED that discovery is stayed until Monday, 2/21/2022. Signed by Magistrate Judge Daniel J. Albregts on 11/17/2021. (Copies have been distributed pursuant to the NEF -cc: Order, 36 Minutes sent to P - JQC)

Case 2:20-cv-00391-RFB-DJA Document 37 Filed 11/17/21 Page 1 of 3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
Elser Wall,

Case No. 2:20-cv-00391-RFB-DJA
Plaintiff,

v.

Order

NSB East Bonanza LLC d/b/a Taco Bell
31880,
Defendant.

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Before the Court is Defendant NSB East Bonanza LLC’s motion for a hearing (ECF Nos.

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22 and 24), Plaintiff Esler Wall’s motion to extend time (ECF No. 25), and her second motion to

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extend time (ECF No. 33). Defendant sought a hearing to clarify whether Plaintiff would be

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capable to continue in discovery given her correspondence with Defendant’s counsel indicating

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that health concerns would prevent her from attending her deposition. (ECF No. 22 and 24).

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Plaintiff then filed a motion to extend her deposition scheduled for September 9, 2021, explaining

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that health concerns made it impossible to attend her deposition. (ECF No. 25).

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The Court set a virtual hearing to take place on October 8, 2021. (ECF No. 29). Plaintiff

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did not appear. (ECF No. 30). The Court then issued an order to show cause why Plaintiff failed

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to telephone for the hearing as scheduled. (ECF No. 31). The Court ordered that a copy of the

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hearing minutes and of the order to show cause be mailed to Plaintiff. (Id.). Plaintiff responded

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to the order to show cause a few days later, explaining that she had not received notice of the

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hearing. (ECF No. 32). Plaintiff also filed a second motion to extend discovery and her

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deposition. (ECF No. 33).

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The Court re-set the virtual hearing and again ordered that a copy of the order re-setting

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the hearing be mailed to Plaintiff. (ECF No. 35). The Court warned Plaintiff that “failure to

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appear for the hearing may result in the imposition of sanctions under Local Rule IA 11-8. Those

Case 2:20-cv-00391-RFB-DJA Document 37 Filed 11/17/21 Page 2 of 3

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sanctions may include a recommendation to the district judge that this case be dismissed.” (Id.).

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The Court held the hearing on November 17, 2021. (ECF No. 36). Plaintiff again failed to

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telephonically connect into the hearing. (Id.).

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Balancing the interests of justice with the prejudice to Defendant and exercising its broad

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discretion to control its docket, the Court briefly stays discovery to give Plaintiff one last chance

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to appear. See FTC v. Gill, 265 F.3d 944, 954-55, 957 (9th Cir. 2001). On the one hand, Plaintiff

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has a right to access the justice system, is a pro se litigant, and has alleged health conditions that

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make it difficult for her to participate meaningfully in discovery. On the other hand, providing

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Plaintiff one more chance to appear and a brief discovery stay will result in relatively low

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prejudice to Defendant. Because Defendant has requested a hearing and Plaintiff has effectively

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requested a stay of discovery, the Court grants ECF Nos. 22, 24, 25, and 33, orders a brief stay,

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and re-sets a hearing to take place at the conclusion of that stay. The Parties are directed to

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prepare to discuss at that hearing any changes they wish to make to the discovery plan and

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scheduling order (ECF No. 17) and whether Plaintiff believes she can continue prosecuting this

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matter.
IT IS THEREFORE ORDERED that Defendant’s motions for a hearing (ECF Nos. 22

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and 24) and Plaintiff’s motions to extend (ECF Nos. 25 and 33) are granted.
IT IS FURTHER ORDERED that a hearing is set for Monday, February 21, 2022 at

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11:00 a.m. via videoconference. Defense counsel will receive an invitation to appear. Plaintiff

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may attend the hearing by telephone. Plaintiff must call telephone number: [phone] and,

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when prompted, enter access code: 8129639 five minutes prior to the hearing. The Court will

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join the call and convene the proceedings. The use of speaker phone or the use of recording

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devices during the proceedings is prohibited.
IT IS FURTHER ORDERED that Plaintiff’s failure to appear for the hearing may result

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in the imposition of sanctions under Local Rule IA 11-8. Those sanctions may include a

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recommendation to the district judge that this case be dismissed.
IT IS FURTHER ORDERED that discovery is stayed until Monday, February 21,

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2022.
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Case 2:20-cv-00391-RFB-DJA Document 37 Filed 11/17/21 Page 3 of 3

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IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to mail a copy of

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this Order and the minutes of the November 17, 2021 hearing (ECF No. 36) to Plaintiff’s last

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known address via certified mail with a return receipt requested.

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DATED: November 17, 2021
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

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