Allen v. Western Governors University

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6

7 EDWARD C. ALLEN, Case No. 2:25-cv-00325-RFB-NJK

8 Plaintiff, Order

9 v. [Docket No. 41]

10 WESTERN GOVERNORS UNIVERSITY, et al., 11 Defendants. 12 13 Pending before the Court is Defendants’ motion to stay discovery. Docket No. 41. Plaintiff 14 did not file a response. See Docket. The motion is properly resolved without a hearing. See Local 15 Rule 78-1. 16 The Court has broad discretionary power to control discovery. See, e.g., Little v. City of 17 Seattle, 863 F.2d 681, 685 (9th Cir. 1988). “The Federal Rules of Civil Procedure do not provide 18 for automatic or blanket stays of discovery when a potentially dispositive motion is pending.” 19 Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 601 (D. Nev. 2011). The party seeking a stay of 20 discovery bears the burden of making a strong showing that discovery should be denied. Turner 21 Broad. Sys., Inc. v. Tracinda Corp., 175 F.R.D. 554, 556 (D. Nev. 1997). Discovery may be stayed 22 when: (1) there is a pending motion that is potentially dispositive; (2) the potentially dispositive 23 motion can be decided without additional discovery; and (3) the Court has taken a “preliminary 24 peek” at the merits of the underlying motion and is convinced that Plaintiff will be unable to state 25 a claim for relief. Kor Media Group, LLC v. Green, 294 F.R.D. 579, 581 (D. Nev. 2013). 26 The Court agrees with Defendants that these elements are present here. The motion is 27 potentially dispositive of the case and may be decided without discovery. Moreover, the Court is 28 1} convinced by the arguments presented in the motion to dismiss that Plaintiff will be unable to state 2|| a claim.! 3 Accordingly, the Court GRANTS the motion to stay discovery pending resolution of 4! Defendants’ motion to dismiss. Docket No. 41. In the event the underlying motion to dismiss is 5] not granted in full, a joint discovery plan must be filed within 14 days of the resolution of the 6] motion to dismiss. 7 IT IS SO ORDERED. 8 Dated: July 28, 2025 9 Zo gi Koon NancyJ