Kerr et al v. Northern Nevada Family Dental et al
ORDER TO STAY DISCOVERY. IT IS THEREFORE ORDERED that discovery in this case is STAYED until the final motion to dismiss in this case is resolved. In the event any of the motions to dismiss are denied, the parties are ordered to file a propos ed discovery plan and scheduling order within 21 days of the issuance of the order resolving the final pending motion to dismiss. Signed by Magistrate Judge Carla Baldwin on 11/14/2023. (Copies have been distributed pursuant to the NEF - DLS)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
TERRY KERR and DENNIS KERR,
Case No. 3:23-CV-00418-ART-CLB
ORDER TO STAY DISCOVERY
NORTHERN NEVADA FAMILY DENTAL,
On November 13, 2023, Defendants filed a Case Management Report. (ECF No.
58.) Defendants explain they made multiple attempts to reach Plaintiffs at the phone
number listed on their filings, but neither Plaintiff responded to Defendants’ voicemails.
(Id. at 2.) Currently, multiple motions to dismiss are pending that indicate the Court may
lack jurisdiction in this case. (See ECF Nos. 12, 17, 21, 31, 35.) Consequently,
Defendants request for discovery to be stayed pending a ruling on the motions to dismiss.
(ECF No. 58 at 4-5.) Alternatively, Defendants request “[a]n extended discovery period is
warranted in light of the numerous pending motions and the repetitive, undiscernible
nature and largely time-barred claims asserted by the pro se Plaintiffs, many of which are
likely to be disposed of in whole or in part through the pending motions.” (Id. at 5.) Here,
the Court finds that a stay of discovery is warranted due to Plaintiff’s failure to respond as
it relates to the Case Management Report and discovery obligations combined with the
multiple motions to dismiss that allege this Court lacks jurisdiction in this case.
IT IS THEREFORE ORDERED that discovery in this case is STAYED until the
final motion to dismiss in this case is resolved. In the event any of the motions to dismiss
are denied, the parties are ordered to file a proposed discovery plan and scheduling order
within 21 days of the issuance of the order resolving the final pending motion to dismiss.
The updated discovery plan shall include updated dates for all applicable discovery
deadlines, including the deadlines for disclosing expert witnesses.
IT IS SO ORDERED.
November 14, 2023
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?