H. v. Wynn Las Vegas, LLC ( 2024 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 A.H., 6 Case No. 2:24-cv-01041-GMN-NJK Plaintiff, 7 Order v. 8 [Docket No. 56] WYNN LAS VEGAS, LLC, et al., 9 Defendants. 10 11 The instant case was removed to this Court on June 3, 2024. Docket No. 1. On August 12 23, 2024, after the parties failed to timely file a stipulated discovery plan, the Court ordered them 13 to do so, no later than September 6, 2024. Docket No. 54. On September 6, 2024, two weeks after 14 the Court’s order, and the day the discovery plan was due, the parties filed a stipulation to stay 15 discovery pending the resolution of certain motions to dismiss. Docket No. 56. 16 The parties’ stipulation fails to address the proper standards for requesting a stay of 17 discovery. See Flynn v. Nevada, 345 F.R.D. 338 (D.Nev. 2024). “The Federal Rules of Civil 18 Procedure do not provide for automatic or blanket stays of discovery when a potentially dispositive 19 motion is pending.” Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 601 (D. Nev. 2011). Discovery 20 should proceed absent a “strong showing” to the contrary. Turner Broadcasting Sys., Inc. v. 21 Tracinda Corp., 175 F.R.D. 554, 556 (D. Nev. 1997). The case law makes clear that requests to 22 stay discovery may be granted when: (1) the underlying motion is potentially dispositive in scope 23 and effect; (2) the underlying motion can be decided without additional discovery; and (3) the 24 Court has taken a “preliminary peek” at the merits of the underlying motion and is convinced that 25 the plaintiff will be unable to prevail. Kor Media Group, LLC v. Green, 294 F.R.D. 579, 581 (D. 26 Nev. 2013). The Court is guided in its analysis by the objectives in Rule 1 to secure a just, speedy, 27 and inexpensive determination of cases. Tradebay, 278 F.R.D. at 602. 28 ] Accordingly, as the parties have failed to comply with the relevant standards, their 2|| stipulation to stay discovery is DENIED without prejudice. Docket No. 56. No later than September 10, 2024, the parties must file a joint proposed discovery plan. 4 IT IS SO ORDERED. 5 Dated: September 6, 2024. 6 HR a NANCY J. KOPPE 8 UNITED STATES MAGISTRATE JUDGE 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28