Baca et al v. Quick Bail Bond and Tax Service et al
Filing
87
ORDER by Magistrate Judge Gregory B. Wormuth denying 74 Motion to Stay. (bni)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JARED BACA, et al.,
Plaintiffs,
v.
Civ. No. 18‐16 JCH/GBW
QUICK BAIL BOND AND TAX SERVICE, et al.,
Defendants.
ORDER DENYING MOTION TO STAY
This matter comes before the Court on the Arreola Defendants’ Motion to Stay
(doc. 74) and the attendant briefing (docs. 77, 82).1 The Court, having reviewed the
Motion, and being otherwise fully advised, will deny it.
On April 4, 2019, the Arreola Defendants filed a Motion to Stay containing less
than a single page of substantive content. Doc. 74. In relevant part, the Motion solely
asks the Court to stay discovery, because “[t]here is a criminal action pending against…
Defendants [and t]he information gained from the criminal trial under oath could likely
narrow discovery requests and material issues for this court to consider.” Id. On April
12, 2019, Plaintiffs filed their Response, which argues that the Court should deny
Defendants’ Motion because the Motion violates D.N.M.LR‐Civ.7.3(a), Defendants have
The Arreola Defendants include Quick Bail Bond & Tax Service, Yeira Ivonne Sanchez, and Fabian Ken
Terveen Arreola.
1
waived their right to seek a stay by asserting affirmative defenses and counterclaims
against Plaintiffs, and the stay sought is premature and overly broad. See doc. 77.
Defendants filed a brief Reply on April 25, 2019. Doc. 82. Defendants’ Motion is now
before the Court.
The Court DENIES Defendants’ Motion, which contains no authority in support
of the legal positions advanced, and fails to state with particularity the grounds
justifying a stay. Defendants have not abided by the local rules in seeking a stay, and
have not made clear to the Court in their cursory request that a stay would be
appropriate or prudent. See D.N.M.LR‐Civ. 7.3(a) (“A motion, response or reply must
cite authority in support of the legal positions advanced.”). Consequently, Defendants’
Motion to Stay (doc. 74) is hereby DENIED.
____________________________________
GREGORY B. WORMUTH
UNITED STATES MAGISTRATE JUDGE
2
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