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Edwards v. Muldoon, 2:16-cv-01649. (2016)

Court: District Court, D. Nevada Number: infdco20161129970 Visitors: 17
Filed: Oct. 20, 2016
Latest Update: Oct. 20, 2016
Summary: STIPULATION AND JOINT REQUEST OF ALL PARTIES FOR ORDER STAYING CASE PENDING DISPOSITION OF PLAINTIFF'S MOTION TO REMAND [DKT. NO. 5] CAM FERENBACH , Magistrate Judge . IT IS HEREBY STIPULATED BY AND BETWEEN Pro Se Plaintiff PAUL D.S. EDWARDS ("Plaintiff") and Defendants CHRISTOPHER JONES, BQ RESORTS, LLC, STARPOINT RESORT GROUP, INC., RESORT STAY INTERNATIONAL, LLC., GETAWAYS RESORT MANAGEMENT, GEOHOLIDAY CLUB, SAPPHIRE RESORTS, (collectively "Defendants") by and through their undersigned
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STIPULATION AND JOINT REQUEST OF ALL PARTIES FOR ORDER STAYING CASE PENDING DISPOSITION OF PLAINTIFF'S MOTION TO REMAND [DKT. NO. 5]

IT IS HEREBY STIPULATED BY AND BETWEEN Pro Se Plaintiff PAUL D.S. EDWARDS ("Plaintiff") and Defendants CHRISTOPHER JONES, BQ RESORTS, LLC, STARPOINT RESORT GROUP, INC., RESORT STAY INTERNATIONAL, LLC., GETAWAYS RESORT MANAGEMENT, GEOHOLIDAY CLUB, SAPPHIRE RESORTS, (collectively "Defendants") by and through their undersigned counsel, hereby submit this joint stipulation to stay discovery —, stating as follows:

1. Plaintiff commenced this action by filing a complaint against Defendants on or about June 9, 2016, in the District Court, Clark County, Nevada, Case No. A-16-738174-C.

2. Defendants removed this action on July 13, 2016 [Dkt. No. 1].

3. Plaintiff filed a Motion to Remand this case to state court on July 25, 2016 [Dkt. No. 5].

4. Defendants filed an Opposition to Plaintiff's Motion to Remand on August 10, 2016 [Dkt. No. 8].

5. On September 7, 2016, the parties filed a Proposed Joint Discovery Plan and Scheduling Order [Dkt. No. 13]. On page 2, lines 7-10 of the Proposed Joint Discover Plan and Scheduling Order, the parties agreed and requested that "Discovery be held in abeyance until disposition of Plaintiff's Motion to Remand; thereafter, should this matter remain within the jurisdiction of this Court, Discovery shall be conducted as follows. . ."

6. On September 8, 2016, Magistrate Judge Cam Ferenbach signed and ordered entry of the Scheduling Order pursuant to the Parties Joint Discovery Plan and Scheduling Order [Dkt. No. 14] without any alterations regarding the parties request to stay discovery during the pendency of Plaintiff's Motion to Remand.

7. Plaintiff filed his Reply to Defendants Opposition to Plaintiff's Motion to Remand on October 3, 2016 [Dkt. No. 19].

8. That in compliance with the Parties Joint Discovery Plan [Dkt. No. 13], the Court's Scheduling Order [Dkt. No. 14], and because Defendants have not yet opposed Plaintiff's Motion to Compel Defendants' Further Initial Disclosures [Dkt. No. 21], Plaintiff agrees to withdraw his motion to Compel [Dkt. No. 21].

9. Presently, the disposition of both Plaintiff's Motion to Remand as well Plaintiff's Motion for Leave to File Supplemental Briefing in Support of Plaintiff's Motion to Remand [Dkt. No. 16] are still pending before this Court.

10. That any discovery propounded by Plaintiff is void and that discovery shall commence anew upon the Court's determination of the Plaintiff's pending Motion to Remand as well as Plaintiff's Motion for Leave to File Supplemental Briefing in Support of Plaintiff's Motion to Remand [Dkt. No. 16].

NOW THEREFORE, the parties respectfully request the Court to enter an order staying discovery in this case pending disposition of Plaintiff's Motion to Remand and Plaintiff's Motion for Leave to File Supplemental Briefing in Support of Plaintiff's Motion to Remand.

SO STIPULATED.

[PROPOSED] ORDER GRANTING STIPULATION OF ALL PARTIES FOR ORDER TO STAY DISCOVERY.

Pursuant to the Stipulation of the Parties, and in compliance with the Court's Scheduling Order [Dkt. No. 13], and good cause appearing;

IT IS HEREBY ORDERED, ADJUDGED and DECREED that discovery is currently stayed and will continue to be stayed until the Court rules on Plaintiff's Motion to Remand [Dkt. No. 5] and Plaintiff's Motion for Leave to File Supplemental Briefing in Support of Plaintiff's Motion to Remand.

IT IS FURTHER ORDERED, ADJUDGED and DECREED that Plaintiff shall be allowed to withdraw his Motion to Compel [Dkt. No. 21].

DONE and ORDERED.

Source:  Leagle

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