Naehu et al v. Glasper et al

Filing 34

ORDER. IT IS FURTHER ORDERED that the parties must file a Discovery Plan and Scheduling Order within 14 days of the Court's decision on the Motion to Dismiss. IT IS FURTHER ORDERED that Defendants 32 Motion to Stay Discovery is DENIED as moot. Signed by Magistrate Judge Brenda Weksler on 3/10/2025. (Copies have been distributed pursuant to the NEF - ALZ)

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1 SUE FAHAMI Acting United States Attorney 2 District of Nevada Nevada Bar No. 5634 3 KARISSA D. NEFF 4 Assistant United States Attorney Nevada Bar No. 9133 5 501 Las Vegas Blvd. So., Suite 1100 Las Vegas, Nevada 89101 6 Phone: (702) 388-6336 Karissa.Neff@usdoj.gov 7 Attorneys for the United States 8 9 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 10 Lelend Naehu; and K.N., a minor, by and 11 through her Guardian Ashlee Naehu, 12 13 Plaintiffs, Case No. 2:24-cv-01705-CDS-BNW Stipulation to Stay Discovery v. 14 Jamar Lakeith Glasper, an individual; United States of America, through the 15 United States Postal Service, an agency of the Government of the United States of 16 America, DOES 1 through 10, inclusive; and ROE Business Entities 1 through 10 17 inclusive, 18 19 Defendants. Plaintiffs, Ashlee Naehu, and K.N., a minor, through counsel, and the United 20 States of America on behalf of Federal Defendants, through their undersigned counsel, 21 hereby stipulate and agree as follows: 22 1. Plaintiff filed the Complaint on September 12, 2024 (ECF No. 1-1). 23 2. Federal Defendants filed their Motion to Dismiss Plaintiffs’ Complaint on 24 January 3, 2025, arguing that Plaintiffs’ claims are time barred by the Federal Tort Claims 25 Act’s two-year statute of limitations (ECF No. 17) 26 3. Although Federal Defendants filed a Motion to Stay Discovery pending the 27 outcome of their Motion to Dismiss (ECF No. 32), the Court has issued a minute order 28 1 that the parties’ Discovery Plan and Scheduling Order is due March 10, 2025 (ECF No. 2 31). 3 4. Because neither the Motion to Dismiss or Motion to Stay Discovery will be 4 decided by March 10, 2025, the parties respectfully request that the Court stay discovery in 5 this matter pending its ruling on Federal Defendants’ Motion to Dismiss and vacate the 6 pending March 10, 2025, Discovery Plan and Scheduling Order due date. 7 Therefore, the parties request that the Court stay discovery in this matter pending its 8 ruling on Federal Defendants’ Motion to Dismiss as well as vacate the upcoming due date 9 of March 10, 2025, for the parties’ Discovery Plan and Scheduling Order. 10 This stipulated request is filed in good faith and not for the purpose of undue delay. 11 Respectfully submitted this 7th day of March 2025. 12 SUE FAHAMI Acting United States Attorney 13 14 15 16 17 /s/ Ralph A. Schwartz __________ RALPH A. SCHWARTZ, ESQ. 400 South Seventh Street, Suite 100 Las Vegas, Nevada 89101 /s/ Karissa D. Neff KARISSA D. NEFF Assistant United States Attorney Attorneys for the United States Attorney for Plaintiff IT IS SO ORDERED: 18 19 20 UNITED STATES MAGISTRATE JUDGE 21 3/10/2025 DATED: _____________________________ 22 23 24 IT IS FURTHER ORDERED that the parties must file a Discovery Plan and 25 Scheduling Order within 14 days of the Court's decision on the Motion to Dismiss. 26 27 IT IS FURTHER ORDERED that Defendants' Motion to Stay Discovery (ECF No. 32) is DENIED as moot. 28 2

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