Franks v. Lens.com, Inc. ( 2024 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 OREN FRANKS, Case No. 2:24-cv-00724-JAD-NJK 7 Plaintiff, Order 8 v. [Docket No. 23] 9 LENS.COM, INC., 10 Defendant. 11 Pending before the Court is Defendant’s motion to stay discovery pending resolution of 12 motions to transfer other cases to the District of Nevada. Docket No. 23. Plaintiff submitted a 13 notice of non-opposition. Docket No. 24. The motion is properly resolved without a hearing. See 14 Local Rule 78-1. 15 The Court has broad discretionary power to control discovery. See, e.g., Little v. City of 16 Seattle, 863 F.2d 681, 685 (9th Cir. 1988). The party seeking a stay of discovery bears the heavy 17 burden of making a strong showing that discovery should be denied. Turner Broad. Sys., Inc. v. 18 Tracinda Corp., 175 F.R.D. 554, 556 (D. Nev. 1997). Discovery may be stayed when: (1) there 19 is a pending motion that is potentially dispositive in scope and effect; (2) the potentially dispositive 20 motion can be decided without additional discovery; and (3) the Court has taken a “preliminary 21 peek” at the merits of the underlying motion and is convinced that Plaintiff will be unable to state 22 a claim for relief. Kor Media Group, LLC v. Green, 294 F.R.D. 579, 581 (D. Nev. 2013). 23 Defendant’s motion fails to meet, let alone mention, the standards for a stay of discovery. 24 See Flynn v. Nevada, 345 F.R.D. 338 (D. Nev. 2024). Instead, Defendant requests that the Court 25 grant a stay of proceedings, and analyzes the request under the Landis factors, which are used to 26 determine whether a court should stay a case. Docket No. 23 at 5-11; see also Landis v. N. Am. 27 Co., 299 U.S. 248 (1936). Given the failure to provide meaningfully developed argument or the 28 appropriate legal framework, the Court declines to address the dispute presented. 1 Accordingly, the motion to stay discovery is DENIED. Docket No. 23. A joint discovery 2 plan must be filed by October 17, 2024. See Local Rule 26-1. 3 IT IS SO ORDERED. 4 Dated: October 10, 2024 Loy \ fe SN Nancy J. Koppe- 6 United States Magistrate Judge 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28