Opinion
2:22-cv-00594-RFB-DJA
02-01-2023
Juan L. Mozqueda-Leon, Plaintiff, v. American Builders & Contractors Supply Co., Inc.; et al., Defendants.
ORDER
DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE
Before the Court is a stipulation to stay discovery deadlines for forty-five days, to extend discovery deadlines, and to move a hearing. (ECF No. 39). The Court finds that a stay of discovery is appropriate in this case under the two-step analysis in Scharder v. Wynn, No. 2:19-cv-02159-JCM-BNW, 2021 WL 4810324, at *4 (D. Nev. Oct. 14, 2021). That analysis provides that a Court may grant motions to stay discovery when a dispositive motion is pending if: (1) the dispositive motion can be decided without further discovery; and (2) good cause exists to stay discovery. Id. Additionally, courts have “wide discretion” in controlling discovery. Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir. 1988).
Here, prong one is inapplicable, but the parties satisfy prong two. The parties do not seek the stay pending a dispositive motion. Rather, they explain that a stay is necessary because of counsel's serious health issues and pending surgery. This explanation fulfils the second prong. The Court thus finds that a stay would accomplish the objectives of Rule 1: a just, speedy, and inexpensive determination of the action. See Fed.R.Civ.P. 1.
The parties also seek to move the pending discovery deadlines forty-five days to accommodate the stay and to reschedule the hearing scheduled for February 6, 2023 to a date after the stay. Under Local Rule 26-3, a motion to extend a date set by the discovery plan or other order must be supported by good cause. The Court finds that the parties have demonstrated good cause for both.
IT IS THEREFORE ORDERED that the stipulation to stay discovery (ECF No. 39) is GRANTED. Discovery shall be stayed for forty-five days and resume on March 20, 2023.
IT IS FURTHER ORDERED that the below deadlines shall govern discovery once it resumes:
Discovery cutoff: July 14, 2023
Dispositive motions: August 14, 2023
Pretrial order: September 14, 2023
Under Local Rule 26-1(b)(5), “[i]f dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended until 30 days after decision on the dispositive motions or further court order.”
IT IS FURTHER ORDERED that the hearing scheduled for February 6, 2023 is rescheduled for March 28, 2023 at 10:00 AM in Courtroom 3A.