American Financial Services Association v. Young ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 AMERICAN FINANCIAL SERVICES Case No. 2:19-CV-01708-APG-EJY ASSOCIATION, NEVADA CREDIT UNION 5 LEAGUE, and NEVADA BANKERS ASSOCATION, 6 ORDER Plaintiffs, 7 v. 8 MARY YOUNG, in her official capacity as 9 Commissioner of the Financial Institutions Division of the Nevada Department of Business 10 and Industry, and AARON FORD, in his official capacity as Nevada Attorney General, 11 Defendants. 12 13 Before the Court is Defendants’ Motion to Stay Discovery Until After a Decision is Rendered 14 (ECF No. 24) and Plaintiff’s Notice of Non-Opposition thereto (ECF No. 26). Also before the Court 15 is Plaintiff’s Discovery Plan and Scheduling Order (ECF NO. 25). 16 Defendants’ contend that a stay of discovery in this matter is appropriate because their 17 Motion to Dismiss (ECF No. 13) is based on subject matter jurisdiction, which is case dispositive 18 and can be decided without additional discovery. ECF No. 24 at 3. Plaintiffs agree that a stay of 19 discovery is appropriate in this case. ECF No. 26 at 2. 20 A motion to stay discovery, while far from automatic, is appropriate when there is no need 21 for further exploration of facts, and issues before the Court in a motion are questions of law the 22 outcome of which are potentially dispositive. Tradebay, LLC v eBay, Inc., 278 F.R.D. 597, 602 (D. 23 Nev. 2011). A “preliminary peek” at Defendants’ Motion to Dismiss shows that it is potentially 24 dispositive of this dispute. Id. at 603. All other factors also support to stay to which the parties 25 agree. ECF Nos. 24 and 26. 26 Accordingly, 27 IT IS HEREBY ORDERED that Defendants’ Motion to Stay Discovery Until After a 1 IT IS FURTHER ORDERED that Plaintiffs’ Discovery Plan and Scheduling Order (ECF 2 No. 25) is DENIED, without prejudice, as moot. 3 IT IS FURTHER ORDERED that if Defendants do not prevail in full on their Motion to 4 Dismiss, the parties shall file a joint proposed discovery plan and scheduling order within 15 5 calendar days of the Court’s order on the Motion to Dismiss. 6 7 DATED: December 23, 2019 8 9 10 ELAYNA J. YOUCHAH 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27