Sumitomo Realty & Development Co., Ltd. v. Proctor ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** SUMITOMO RELATY & DEVELOPMENT 4 CO., LTD., 5 Plaintiff, 2:19-cv-1899-GMN-VCF ORDER 6 vs. TERUKO KAMADA PROCTOR, 7 Defendant. 8 Before the court is the proposed Discovery Plan and Scheduling Order (ECF No. 12). Plaintiff 9 requests that discovery will take 180 days from the date on which the Motion to Dismiss is adjudicated. 10 Id. at 2. 11 The court will treat the proposed Discovery Plan and Scheduling Order (ECF No. 12) as a 12 stipulation to stay discovery. 13 When evaluating a request to stay discovery while a dispositive motion is pending, the court 14 initially considers the goal of Federal Rule of Civil Procedure 1. The guiding premise of the Rules is that 15 the Rules “should be construed and administered to secure the just, speedy, and inexpensive determination 16 of every action.” FED. R. CIV. P. 1. It needs no citation of authority to recognize that discovery is 17 expensive. The Supreme Court has long mandated that trial courts should resolve civil matters fairly but 18 without undue cost. Brown Shoe Co. v. United States, 370 U.S. 294, 306 (1962). This directive is echoed 19 by Rule 26, which instructs the court to balance the expense of discovery against its likely benefit. See 20 FED.R.CIV.P. 26(B)(2)(iii). 21 The court finds good cause to stay discovery. The parties will not need to incur unnecessary 22 discovery costs during the pendency of the motion to dismiss. See FED. R. CIV. P. 1. 23 Accordingly, and for good cause shown, 24 25 1 IT IS ORDERED that the parties’ stipulation to stay discovery (ECF No. 12) is GRANTED. In 2 || the event resolution of Defendant’s motion to dismiss (ECF No. 6) does not result in the disposition of 3 || this case, the parties must file a new joint discovery plan within 21 days of the issuance of the order 4 || deciding that motion. 5 IT IS FURTHER ORDERED that discovery is STAYED pending further order of the court. 6 IT IS FURTHER ORDERED that a status hearing is scheduled for 10:00 AM, July 6, 2020, in 7 || Courtroom 3D. 8 DATED this 31st day of December, 2019. Loew oactece. 9 CAMFERENBACH 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25