Opinion
2:23-cv-00890-RFB-NJK
08-11-2023
SILVIA REGINA LASKO, et al., Plaintiffs, v. AMIP MANAGEMENT, et al., Defendants.
ORDER
[DOCKET NO. 22]
NANCY J. KOPPE, UNITED STATES MAGISTRATE JUDGE
Pending before the Court is Defendants' discovery plan. Docket No. 22. Defendants seek to delay their discovery obligations pending resolution of dispositive motion practice. See id. at 2-3. “The Federal Rules of Civil Procedure do not provide for automatic or blanket stays of discovery when a potentially dispositive motion is pending.” Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 601 (D. Nev. 2011). Instead, discovery may be stayed when: (1) there is a pending motion that is potentially dispositive; (2) the potentially dispositive motion can be decided without additional discovery; and (3) the Court has taken a “preliminary peek” at the merits of the underlying motion and is convinced that Plaintiff will be unable to state a claim for relief. Kor Media Group, LLC v. Green, 294 F.R.D. 579, 581 (D. Nev. 2013).
Accordingly, Defendants' discovery plan is DENIED. Defendants must file a motion to stay discovery addressing the pertinent standards by August 17, 2023. If Defendants do not do so, the parties must file a joint discovery plan by August 24, 2023.
IT IS SO ORDERED.