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DRYDEN v. FAEN, 2:14-cv-01625-GMN-NJK. (2017)

Court: District Court, D. Nevada Number: infdco20170309e85 Visitors: 6
Filed: Mar. 08, 2017
Latest Update: Mar. 08, 2017
Summary: ORDER (Docket No. 66) NANCY J. KOPPE , Magistrate Judge . On March 1, 2017, when the parties had failed to timely file a joint proposed discovery plan and scheduling order, the Court ordered them to file, no later than March 7, 2017, a joint proposed discovery plan or a status report explaining why a discovery plan should not be filed at this time. Docket No. 65. On March 7, 2017, Defendants filed a status report, wherein Defendants ask the Court to stay discovery pending the resolution of
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ORDER

(Docket No. 66)

On March 1, 2017, when the parties had failed to timely file a joint proposed discovery plan and scheduling order, the Court ordered them to file, no later than March 7, 2017, a joint proposed discovery plan or a status report explaining why a discovery plan should not be filed at this time. Docket No. 65. On March 7, 2017, Defendants filed a status report, wherein Defendants ask the Court to stay discovery pending the resolution of Defendants' motion to dismiss at Docket No. 59. See Docket No. 66 at 3 ("Defendants respectfully request that the Court refrain from entering a discovery plan pending the outcome of Defendants' Renewed Motion to Dismiss"). "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). Moreover, Defendants provide no authority to support a stay of discovery, and the request is procedurally improper. See Docket No. 66.

If Defendants want to request a stay of discovery, they must do so by filing a motion on the docket that includes appropriate authority. Any such motion must be filed no later than March 15, 2017. If Defendants fail to file a motion to stay discovery by March 15, 2017, the parties must file a joint proposed discovery plan and scheduling order no later than March 17, 2017. The filing of a motion to stay discovery by March 15, 2017, will stay discovery pending the Court's resolution of that motion.

IT IS SO ORDERED.

Source:  Leagle

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