Opinion
Case No. 2:17-cv-02029-RFB-NJK
10-30-2017
DITECH FINANCIAL, LLC, et al., Plaintiff(s), v. ANTELOPE HOMEOWNERS' ASSOCIATION, et al., Defendant(s).
ORDER (Docket No. 48)
Pending before the Court is an order for Defendant Leodegario D. Salvador d/b/a GDS Financial to show cause arising out of its non-participation in the preparation and filing of the amended discovery plan. Docket No. 48. Defendant has now filed a response, indicating that it is not required to participate in discovery since it is challenging the sufficiency of service and the Court does not have jurisdiction over it as a result. Docket No. 53. More specifically, Defendant contends that it "will have to wait for an order from this honorable court that it is ok for [it] to participate in the 'discovery stage.'" id. at 3. Defendant is wrong. "The Federal Rules of Civil Procedure do not provide for automatic or blanket stays of discovery when a potentially dispositive motion is pending." Kor Media Group, LLC v. Green, 294 F.R.D. 579, 581 (D. Nev. 2013) (quoting Tradebay, LLC v. eBay, Inc., 278 F.R.D. 554, 556 (D. Nev. 2011)). That remains true even where a defendant challenges service of process or personal jurisdiction. See, e.g., Kabo Tools Co. v. Porauto Indus. Co., Ltd., 2013 U.S. Dist. Lexis 156928, at *5 (D. Nev. Oct. 31, 2013) (citing AMC Fabrication, Inc. v. KRD Trucking West, Inc., 2012 WL 4846152 (D. Nev. Oct. 10, 2012) and Holiday Sys., Int'l of Nev. v. Vivarelli, Schwarz, & Assocs., 2012 WL 3860824 (D. Nev. Sept. 5, 2012)). Defendant has not shown and the Court has not found that it is permitted to avoid its discovery obligations. By default and without further Court order, Defendant was required to participate in the formulation and filing of the discovery plan, and is not exempted from complying with its discovery obligations moving forward.
Nonetheless, the Court declines to impose monetary sanctions at this time. The Court hereby DISCHARGES the order to show cause, but CAUTIONS Defendant Leodegario D. Salvador d/b/a GDS Financial that it is not permitted to avoid discovery moving forward.
IT IS SO ORDERED.
DATED: October 30, 2017
/s/_________
NANCY J. KOPPE
United States Magistrate Judge