Ucharima Alvarado v. Western Range Association

Opinion

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4 CIRILO UCHARIMA ALVARADO, Case No. 3:22-CV-00249-MMD-CLB

5 Plaintiff, ORDER RE: CASE MANAGEMENT REPORT 6 v.

8 Defendant.

10 On September 7, 2022, the Court ordered the parties to file a Case Management 11 Report (“CMR”) addressing discovery related issues. On October 6, 2022, the parties filed 12 their CMR. (ECF No. 33.) In this joint filing, the parties state they agree a discovery stay 13 is appropriate pending determination of Defendant’s motion to dismiss. (ECF No. 33.) The 14 parties also state that if the Court requires it, a stipulation to stay discovery will be 15 submitted. (Id.) 16 As the Court states in its Standing Order, (ECF No. 6), the filing of a motion to 17 dismiss does not stay discovery. Rather, the parties are required to comply with the rules 18 of discovery as required by the Local Rules and the Federal Rules of Civil Procedure. 19 See LR 26-1 et. seq.; Fed. R. Civ. Pro. 26 et. seq. In short, a party cannot simply refuse 20 to engage in discovery due to the filing of a motion dismiss any more than the parties can 21 simply “agree” to forego the discovery mandated by the District of Nevada’s Local Rules 22 or the Federal Rules of Civil Procedure. A stay of discovery is only imposed if it is ordered 23 the Court. 24 Generally, if a party believes discovery should be stayed pending a decision on 25 the motion to dismiss, the party is required to file a motion to stay that directly addresses 26 the factors articulated in Kor Media Group, LLC v. Green, 294 F.R.D. 579 (D. Nev. 2013) 27 (citing Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597 (D. Nev. 2011)). If, however, the 28 parties mutually agree a stay of discovery should be imposed while a motion to dismiss 1| is pending, the parties should file a stipulation requesting the Court order a stay of discovery. Such a stipulation should provide a detailed explanation for the stay requested 3 | and should set forth a deadline for the filing of a Discovery Plan and Scheduling Order in 4) the event the motion to dismiss is denied. 5 Therefore, the parties are ORDERED to file a stipulation accompanied by a 6 | proposed order requesting a stay of discovery within 14 days of the date of this order 7 | which must provide a detailed explanation as to why a stay is proper and include a deadline for filing a Discovery Plan and Scheduling Order if the motion to dismiss is 9} denied. DATED: October 7, 2022. 12 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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