Clay v. Discover Bank

Opinion

AANIYAH CLAY, Case No. 2:25-cv-00179-JCM-NJK

Plaintiff(s), Order

v. [Docket No. 54]

DISCOVER BANK, et al.,

Defendant(s). Pending before the Court is Defendant TransUnion’s motion to stay discovery pending resolution of its motion for judgment on the pleadings. Docket No. 54.1 Plaintiff filed a response. Docket No. 56.2 TransUnion filed a reply. Docket No. 57. Having considered the governing standards, Kor Media Group, LLC v. Green, 294 F.R.D. 579, 581 (D. Nev. 2013), the Court finds that a stay of discovery as to TransUnion is warranted.3 Accordingly, the Court GRANTS the motion to stay discovery. Discovery as to TransUnion is hereby STAYED.4 In the event resolution of TransUnion’s motion for judgment on the pleadings does not result in termination of TransUnion as a defendant, then Plaintiff and 1 The motion for judgment on the pleadings is fully briefed. Docket Nos. 42, 46, 49. 2 The Court liberally construes the filings of pro se litigants. Erickson v. Pardus, 551 U.S. 89, 94 (2007). 3 Conducting the preliminary peek puts the undersigned in an awkward position because the assigned district judge will decide the underlying motion and may have a different view of the merits. See Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 603 (D. Nev. 2011). The undersigned’s “preliminary peek” at the merits of the motion for judgment on the pleadings is not intended to prejudice its outcome. See id. The undersigned carefully reviewed the arguments presented in the underlying motion and related briefing, but will not provide discussion of the merits herein. 4 Plaintiff settled with Defendants Discover and Experian. Docket Nos. 28, 48. As to Defendant Equifax, no request to stay discovery has been filed. Moreover, Equifax did not file a joinder to TransUnion’s motion for judgment on the pleadings. As such, discovery is not stayed as to Defendant Equifax. E.g., White v. Am . Tobacco Co., 125 F.R.D. 508, 510 (D. Nev. 1989). 1} TransUnion must file a joint proposed discovery schedule within 14 days of the issuance of the order resolving the motion for judgment on the pleadings. Dated: May 13, 2025 — a Nancy J. Ko United States Magistrate Judge