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Benson v. Mead, 2:16-cv-01268-RFB-PAL. (2016)

Court: District Court, D. Nevada Number: infdco20160919c39 Visitors: 14
Filed: Sep. 15, 2016
Latest Update: Sep. 15, 2016
Summary: STIPULATION AND ORDER TO STAY DISCOVERY PENDING RULING ON MOTION TO DISMISS AND CERTIFICATION OF MEET AND CONFER PURSUANT TO SCHEDULING ORDER [ECF NO. 47] PEGGY A. LEEN , Magistrate Judge . IT IS HEREBY STIPULATED, AGREED AND REQUESTED by and between the parties, either in proper person or through their undersigned Counsel, that the current Scheduling Order entered on August 23, 2016 [ECF No. 47], be vacated and that all discovery in this matter be stayed pending a ruling on Defendant KVVU
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STIPULATION AND ORDER TO STAY DISCOVERY PENDING RULING ON MOTION TO DISMISS AND CERTIFICATION OF MEET AND CONFER PURSUANT TO SCHEDULING ORDER

[ECF NO. 47]

IT IS HEREBY STIPULATED, AGREED AND REQUESTED by and between the parties, either in proper person or through their undersigned Counsel, that the current Scheduling Order entered on August 23, 2016 [ECF No. 47], be vacated and that all discovery in this matter be stayed pending a ruling on Defendant KVVU Broadcasting Corporation's Motion to Dismiss [ECF No. 15], the Las Vegas Metropolitan Police Department Defendants' Motion to Dismiss [ECF No. 21], Defendant Clark County Sheriff's Motion to Dismiss [ECF No. 24], and Plaintiff's Motion to Amend First Amended Complaint [ECF No. 29].

Here, a stay of discovery is appropriate as it is sought based on pending motions to dismiss Plaintiff's First Amended Complaint and Plaintiff's motion to amend his First Amended Complaint. These motions are potentially dispositive of certain claims and may even dismiss certain parties entirely from the litigation. In fact, KVVU's Motion to Dismiss raises preliminary jurisdictional arguments which should be addressed prior to any discovery being conducted. It would be burdensome, time-consuming and costly for the parties to engage in discovery without knowing the parameters of the claims or parties that are being pursued. Furthermore, issues of scope and proportionality would be difficult to determine and could require further unnecessary cost and expense to try to resolve. Fed. R. Civ. Proc. 1 provides that the rules should be "construed and administered to secure the just, speedy and inexpensive determination of every action and proceeding." (Emphasis added.) Staying discovery in this case is consistent with this intent.

Based upon the foregoing, and in accordance with this Court's scheduling order [ECF No. 47], the parties conferred on August 26, 2016 and determined that it is in the best interests of the parties that all matters concerning discovery be stayed. The parties request that the current Scheduling Order be vacated and agree to submit a new proposed Discovery Plan and Scheduling Order within fourteen (14) days of this Court's ruling on the last of the pending motions [ECF Nos. 15, 21, 24, 29]. The parties are not submitting this stipulation for the purpose of delay; rather, the parties are attempting to litigate this matter in an efficient manner pursuant to the spirit and intent of the Federal Rules of Civil Procedure.

IT IS SO ORDERED.

Source:  Leagle

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