Gaia Ethnobotanical, LLC v. T1 Payments, LLC

Opinion

5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7

Case No. 2:22-cv-01046-CDS-NJK 9 Plaintiff(s), Order 10 v. [Docket No. 31] 11 T1 PAYMENTS LLC, et al., 12 Defendant(s). 13 Pending before the Court is a discovery plan filed by Plaintiff and Defendant T1 Payments. 14 Docket No. 31. Defendant Payvision did not join in that discovery plan, contending that it is not 15 required to do so in light of its pending motion to dismiss. Docket No. 31 at 2; Docket No. 31-1. 16 “The Federal Rules of Civil Procedure do not provide for automatic or blanket stays of discovery 17 when a potentially dispositive motion is pending.” Tradebay, LLC v eBay, Inc., 278 F.R.D. 597, 18 601 (D. Nev. 2011); see also Hologram USA, Inc. v. Pulse Evolution Corp., 2015 WL 1600768, 19 at *1 (D. Nev. Apr. 8, 2015) (same in the context of a motion to dismiss for lack of personal 20 jurisdiction). Defendant Payvision has not filed a motion to stay discovery and has not been 21 excused by the Court from complying with case management deadlines, including the deadlines 22 related to participating in and filing a joint discovery plan.1 23 Accordingly, the pending discovery plan is DENIED without prejudice. An amended 24 discovery plan joined by all parties must be filed by September 20, 2022. Unless it has sought and 25 26 1 The discovery plan also references that Defendant T1 Payments “believes that it should 27 not engage in any discovery until [the pending dispositive] motions are decided,” or that discovery should be limited in light of the pendency of those motions. Docket No. 31 at 3. Defendant T1 28 Payments has not filed a motion seeking to stay or limit discovery, however. 1} obtained relief from participating in the discovery plan before that date, Defendant Payvision must 2|| comply with its obligations in participating in the formulation and filing of that discovery plan. 4 Dated: September 13, 2022

6 Nancy J. PRE □ United States-Magistrate Judge , 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28