Jenkins-Naudain v. ABM Industries Inc.

• Court: District Court, D. Nevada
• Decided: February 2, 2023
• Docket: 2:22-cv-01826
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 TAKINA JENKINS-NAUDAIN, 7 Case No. 2:22-cv-01826-CDS-NJK Plaintiff(s), 8 Order v. 9 [Docket No. 17] ABM INDUSTRIES INCORPORATED, et 10 al., 11 Defendant(s). 12 Pending before the Court is Defendants’ motion to stay discovery pending resolution of 13 their motion to compel arbitration. Docket No. 17 at 13-16. The motion to stay discovery was 14 advanced within motion practice seeking to compel arbitration and to dismiss or stay these 15 proceedings pending completion of arbitration. See id. Plaintiff responded to the motion practice 16 in general, but does not appear to address whether discovery should be stayed pending resolution 17 of the motion to compel arbitration. See Docket No. 20. Defendants’ reply similarly appears to 18 skip over argument pertinent to whether discovery should be stayed pending resolution of the 19 motion to compel arbitration. See Docket No. 24. 20 To ensure a clear record and a proper presentation of argument on this issue, the Court 21 DENIES without prejudice the motion to stay discovery pending resolution of the motion to 22 compel arbitration.1 Any renewed motion to stay discovery must be complete in of itself and the 23

24 1 The Court herein will not opine on the other aspects of the motion practice pending before the district judge. With respect to the motion to stay discovery pending resolution of the motion 25 to compel arbitration specifically, however, the Court notes that this request is a motion for protective order brought pursuant to Rule 26(c) of the Federal Rules of Civil Procedure. See, e.g., 26 Turner Broad. Sys., Inc. v. Tracinda Corp., 175 F.R.D. 554, 555-56 (D. Nev. 1997) (quoting Twin City Fire Ins. Co. v. Employers Ins. of Wausau, 124 F.R.D. 652, 653 (D. Nev. 1989)). A meet- 27 and-confer is required for a motion for protective order. Fed. R. Civ. P. 26(c)(1). Any renewed motion to stay discovery pending resolution of the motion to compel arbitration must include a 28 proper certification of a prefiling conference. Local Rule 26-6(c). 1} subsequent briefing must specifically address whether discovery should be stayed pending resolution of the motion to compel arbitration. 3 IT IS SO ORDERED. 4 Dated: February 2, 2023

Nancy J. Koppe, 6 United StatesMagistrate Judge 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28