NANCY J. KOPPE, Magistrate Judge.
Pending before the Court is Plaintiff's motion for a protective order. Docket No. 26. The Court has considered Plaintiff's motion, Defendant's response, and Plaintiff's replies.
The instant case involves a wrongful termination claim against Defendant. See generally Docket No. 1-2. In the instant motion, Plaintiff seeks a protective order to: (1) bar all further proceedings; (2) vacate the early neutral evaluation;
"[B]road discretion is vested in the trial court to permit or deny discovery." Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir. 2002); see also Crawford-El v. Britton, 523 U.S. 574, 598 (1998). Parties are entitled to discover non-privileged information that is relevant to any party's claim or defense and is proportional to the needs of the case, including consideration of the importance of the issues at stake in the action, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Fed.R.Civ.P. 26(b)(1). The most recent amendments to the discovery rules are meant to curb the culture of scorched earth litigation tactics by emphasizing the importance of ensuring that the discovery process "provide[s] parties with efficient access to what is needed to prove a claim or defense, but eliminate unnecessary or wasteful discovery." Roberts v. Clark Cty. School Dist., 312 F.R.D. 594, 603-04 (D. Nev. 2016).
"The Federal Rules of Civil Procedure do not provide for automatic or blanket stays of discovery when a potentially dispositive motion is pending." Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 601 (D. Nev. 2011). The party seeking a stay carries the heavy burden of making a strong showing why discovery should be denied. See, e.g., Turner Broadcasting Sys., Inc. v. Tracinda Corp., 175 F.R.D. 554, 556 (D. Nev. 1997). The case law in this District makes clear that requests to stay all discovery may be granted when: (1) the pending motion is potentially dispositive; (2) the potentially dispositive motion can be decided without additional discovery; and (3) the Court has taken a "preliminary peek" at the merits of the potentially dispositive motion and is convinced that the plaintiff will be unable to state a claim for relief. See Kor Media Group, LLC v. Green, 294 F.R.D. 579, 581 (D. Nev. 2013).
The Court construes Plaintiff's motion for a protective order as a motion to stay discovery.
Plaintiff asks the Court to stay discovery pending resolution of his motion to remand, amend, and extend time to answer Defendant's motion to dismiss. Docket No. 26 at 1; see also Docket No. 11. Plaintiff further submits that recent activity in the instant case has caused him "an insurmountable burden," and that responding to the discovery requests will impose additional expenses. Docket No. 26 at 16-17. Additionally, Plaintiff submits that "he presented almost all the requested documents to the defendant as attached to the complaint as exhibits" during the employer-mandated dispute resolution process and, therefore, that the discovery requests at issue are duplicative or obtainable from another source that is more convenient, less burdensome, or less expensive. Id. at 14, 18.
In response, Defendant submits that Plaintiff failed to meet and confer prior to filing the instant motion,
In reply, Plaintiff submits that he engaged in a meet and confer with Defendant on February 23, 2018, during which he notified Defendant of his intention to file the instant motion. Docket Nos. 30 at 2, 32 at 3. Additionally, Plaintiff cites to Williams v. Gold Coast Hotel & Casino (2012 U.S. Dist. LEXIS 64182, at *2-4 (D. Nev. May 8, 2012)) to support his argument that the Court does not have jurisdiction to "order discovery" because Defendant "moved for a motion to dismiss under Rule 12(b)(1) and 12(b)(6)" and, therefore, a stay is warranted. Docket No. 32 at 7 (internal citation omitted). Plaintiff further submits that interrogatories 12-19 are "an unwarranted invasion of personal privacy pursuant to" the Freedom of Information Act, which applies to Defendant because it "receives public funding and should be treated like the state in FOIA enforcement," and to Plaintiff because Plaintiff is "a civil or public servant" by virtue of previously working for Defendant. Id. at 9. Lastly, Plaintiff submits that Defendant is not entitled to attorneys' fees because he made a good faith effort "for the defendant to agree to stay discovery and [it] refused." Id. at 11.
The Court finds that a stay of discovery is not appropriate in this case. The motion fails to satisfy the applicable standards for staying discovery. See infra Section II(B). More significantly, a motion to remand is not sufficient grounds to grant a stay of discovery. In determining whether a stay of discovery is warranted, a court also considers the expenses required to conduct discovery. Indeed, Plaintiff asks the Court for a stay, inter alia, to preserve the Court's and the parties' resources and to prevent "duplicative action in both state and federal court." Docket No. 26 at 6, 17. However, even if the motion to remand is granted, "that will not render any discovery conducted moot or otherwise result in a waste of the parties' resources." Cooks-Putnam v. Trump Las Vegas Corp., 2015 U.S. Dist. LEXIS 115606, at *3 (D. Nev. Aug. 31, 2015). "This action will either continue in federal court or in state court. Unless the case settles, discovery will proceed regardless of the outcome of the District Court's remand decision." Grammer v. Colo. Hosp. Ass'n Shared Servs., 2015 U.S. Dist Lexis 83966, *5 (D. Nev. June 26, 2015).
Accordingly, the Court finds that a stay of discovery is not warranted and
IT IS SO ORDERED.