Ucharima Alvarado v. Western Range Association

Opinion

1 || THIERMAN BUCK LLP WOODBURN AND WEDGE MARK R. THIERMAN, ESQ., Nev. Bar No. 8285 ELLEN JEAN WINOGRAD, ESQ. 2 || mark@thiermanbuck.com Nev, Bar No, 815 JOSHUA D. BUCK, ESQ,, Nev. Bar No. 12187 JOSE TAFOYA, ESQ. 3 || josh@thiermanbuck.com Nev. Bar No. 16011 LEAH L. JONES, ESQ., Nev. Bar No. 13161 6100 Neil Road, Ste. 500 4 || leah@thiermanbuck.com Reno, NV 89511 JOSHUA H. HENDRICKSON, Nev. Bar No. 12225 ewinograd@woodburnandwedge.com 5 || joshh@thiermanbuck.com jtafoya@woodburnandwedge.com 7287 Lakeside Drive (775) 688-3000 6 || Reno, Nevada 89511 (775) 688-3088- Fax Telephone: (775) 284-1500 Attorneys for Defendant 7 || Facsimile: (775) 703-5027 WESTERN RANGE ASSOCIATION 8 || FAIRMARK PARTNERS, LLP JAMIE CROOKS, ESQ. (Admitted Pro Hac Vice) 9 || jamie@fairmarklaw.com 1825 7th St NW, #821 10 || Washington, DC 20001 11 || TOWARDS JUSTICE DAVID H. SELIGMAN, ESQ. (Admitted Pro Hac Vice) 12 || NATASHA VITERI, ESQ. (Admitted Pro Hac Vice) ALEXANDER HOOD, ESQ. (Admitted Pro Hac Vice) 13 || alex@towardsjustice.org 1535 High Street, Ste. 300 14 || Denver, CO 80218 15 || Attorneys for Plaintiff and the Putative Class 16 UNITED STATES DISTRICT COURT 17 DISTRICT OF NEVADA 18 CIRILO UCHARIMA ALVARADO, On Behalf 19 of Himself and All Others Similarly Situated; Case No. 3:22-cv-00249-MMD-CLB 20 Plaintiff, ORDER GRANTING STIPULATION ame TO STAY DISCOVERY AND □□□□ 21 CASE MANAGEMENT CONFEREN¢ V. PENDING RESOLUTION OF RULE WESTERN RANGE ASSOCIATION; 4 Defendant. 25 Plaintiff CIRILO UCHARIMA ALVARADO (‘Plaintiff’), by and through his counsel of record, JAMIE 26 |! CROOKS of FAIRMARK PARTNERS, LLP, and Defendant WESTERN RANGE ASSOCIATION ("Defendant’), 27 by and through its counsel of record, ELLEN JEAN WINOGRAD of WOODBURN AND WEDGE, hereby 28

1 || stipulate, and request this Court, to stay discovery in this matter until the resolution of Defendant's Rule 12 2 || Motion and Motion for Change of Venue (ECF # 23). As further grounds for this stipulation and request the 3 || parties jointly state as follows: 4 1. Plaintiff filed suit against Western Range Association (ECF # 1) and it was served on July 26, 2022. 5 || (ECF # 22) 6 2. Defendant Western Range moved to Dismiss Plaintiffs Complaint or in the Alternative for Change of 7 || Venue. (ECF # 23) 8 3. Pursuant to a Stipulation of the parties, this Court Ordered a non-standard briefing schedule on 9 || Defendant Western Range’s Motion to Dismiss or in the Alternative to Change Venue. (ECF # 26) 10 4, Plaintiff's deadline to file an opposition to Defendant's motion to dismiss or change venue is due 11 |] October 14, 2022. (Id.) 12 5. Defendant's deadline to file a reply for this motion is due November 14, 2022. (/d.) 13 6. Pursuant to Magistrate Judge Carla Baldwin’s 2022 Standing Order § V (A) and Tradebay, LLC., v. 14 || eBay, Inc., 278 F.R.D. 597 (D. Nev. Dec. 13, 2011), and the Parties stipulate to move for a stay of Discovery as 15 || follows: 16 7. The Parties believe that a stay of discovery pending determination of Defendant’s motion is in the 17 || interests of judicial economy and avoiding unnecessary expense before important legal issues are addressed. 18 |] FRCP 1. The Court’s decision on Defendant's FRCP (12)(b) dispositive motion(s) may narrow, eliminate, or 19 || transfer the issues to another Court. In the interest of judicial economy, Defendant believes it would be proper 20 || to make such disclosures once Defendant's pending motions have been decided and the parties know the 21 || precise scope of legal issues and in which forum this case will be litigated. 22 8. The parties respectfully submit that deferring discovery until these legal and venue issues are 23 || resolved, will maximize efficiency and serve the interests of justice and judicial economy, particularly to the extent 24 || that venue is at issue and Utah Local District Court Rules differ from those in Nevada. FRCP 1. 9. This Stipulation is made in good faith and not for purposes of delay. 26 10. Nothing in this Stipulation, nor the fact of entering into same, shall be construed as waiving any claim 27 || or defense held by any party. 28

1 11. For all of these reasons, the parties stipulate and request the Court to stay discovery pending a 2 || ruling on Defendant's Dispositive and Venue Change Motion(s). Further, if a stay is granted, the parties agree to 3 || vacate all case management conferences until the Defendant’s pending Motion(s) are resolved and this Court 4 || issues new Case Management deadlines. 5 Dated: October 12, 2022 6 7 || FAIRMARK PARTNERS, LLP WOODBURN AND WEDGE Ll . 4/ ken Jean Wimegrad, fg. 9 TE CROOKS E60. Klmited Pro Hac Vice) ELLEN JEAN WINOGRAD, ESQ. 1825 7th St NW, #821 6100 Neil Road, Ste. 500 10 || Washington, DC 20001 Reno, NV 89511 11 || Counsel for Plaintiff and the Putative Class Counsel for Defendant 12 13 14 16 V7 IT IS SO ORDERED 18 Dated: October 13 2022 19 ‘

20 UNITED STATES DISTRICT/MAGISTRATE JUDGE 22 23 24

26 27 28