Opinion
Case No. 2:13-cv-00237-MMD-GWF
04-04-2013
RYAN REPASS, Plaintiff, v. CLARK COUNTY DETENTION CENTER, et al., Defendants.
ORDER
Motion to Stay and to Extend Time
(#14)
This matter comes before the Court on Plaintiff's Motion to Stay Proceedings and/or Extension of Time (#14), filed on March 13, 2013. Defendants filed an Opposition (#18) on March 19, 2013.
Plaintiff filed his Complaint in the Eighth Judicial District Court of Nevada on October 5, 2011 alleging violation of his eighth and fourteenth amendment rights. See Doc. #1, Ehx. A. Defendants removed the case to this Court on February 13, 2013. See Doc. #1. Pending before the District Judge are two motions to dismiss. Defendants Clark County Detention Center, Gillespie, and Las Vegas Metropolitan Police Department filed a Motion to Dismiss (#6) on February 21, 2013, which is now fully briefed. Defendant Naphcare, Inc. filed a Motion to Dismiss (#9) on March 1, 2013.
Plaintiff now moves to stay the proceedings. Pro-se Plaintiff represents that he is being transferred to a facility that does not contain a law library, and that he will be released in at most 6 months. Plaintiff argues the Court should stay this action until he has access to legal assistance. Defendants do not oppose a stay of discovery, but do oppose a stay of the decisions on the pending dispositive motions. The Court finds Plaintiff establishes good cause for a stay only of discovery in this action.
Plaintiff also seeks a stay in the deadline to respond to Naphcare's Motion to Dismiss (#9), which was due on March 18, 2013. In their Opposition (#18), Defendants agreed to an extension of the response deadline until April 1, 2013. Plaintiff filed his Response (#19) on March 28, 2013. Accordingly,
IT IS HEREBY ORDERED that Plaintiff's Motion to Stay Proceedings and/or Extension of Time (#14) is granted in part and denied in part as follows: Discovery in this matter shall be stayed until September 19, 2013.
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GEORGE FOLEY, JR.
United States Magistrate Judge