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2:24-cv-00383-CDS-BNW
2024 | Cited 0 times | D. Nevada | May 28, 2024
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
* * * Lonnie Washburn,
Plaintiffs, v. Mesquite Gaming LLC,
Defendant.
Case No. 2:24-cv-383-CDS-BNW
ORDER
Before the Court is Motion to Stay Discovery. ECF No. 43. Plaintiff responded and Defendant replied. ECF Nos. 44 and 45. 1
As explained in more detail below, the Court . I. Background
Plaintiff alleges that in June 2023 he was discriminated against during his stay at a hotel owned by Defendant. As a result, he brings several claims based on the American with Disabilities Act and related Nevada statutes.
Defendant moves to stay discovery pending the resolution of its motion to dismiss by Defendant argues that the pending motion is dispositive and that it can be decided without additional discovery. It also makes passing references to arguments contained in its motion to dismiss to support its belief that the case will not move forward. Specifically, it argues Plaintiff has not demonstrated standing to bring these claims and that he has not sufficiently alleged facts upon which relief can be granted. // //
1 T Order at ECF No. 38 directing the parties to file a stipulation regarding a stay of discovery was in error. This issue has been rendered moot given the instant motion.
Plaintiff does not contest that the pending motion to dismiss is potentially dispositive or test. But, as relevant here, Plaintiff argues that Defendant has not met its burden under Rule 26(c)
to stay discovery.
II. Legal Standard
Courts have broad discretionary power to control discovery. See Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir. 1988). When deciding whether to grant a stay of discovery, the court is guided by the objectives of Federal Rule of Civil Procedure 1, which Kor Media Group, LLC v. Green, 294 F.R.D.
579, 581 (D. Nev. 2013). Accordingly, considerations of judicial economy and preserving the U.S. for Use & Benefit of Newton v. 750 F.2d 1422, 1426-27 (9th Cir. 1985).
The Federal Rules of Civil Procedure do not, however, provide for automatic or blanket stays of discovery just because a potentially dispositive motion is pending. See Skellerup Indus. Ltd. v. City of L.A., 163 F.R.D. 598, 600-01 (C.D. Cal. 1995). However, when a party moves for a motion is potentially dispositive; (2) the potentially dispositive motion can be decided without
additional discovery; and (3) the co potentially dispositive motion and is convinced that the plaintiff will be unable to state a claim for
Kor Media Group, 294 F.R.D. at 581. III. Analysis
Here, the Court agrees with Defendant that the pending motion to dismiss is potentially dispositive and that no discovery is needed to resolve it. Moreover, Plaintiff does not contest either proposition. // //
While the Court has previously found that the preliminary peek test can be problematic, the issues presented here are simple enough that the test can be easily applied. See Schrader v. Wynn Las Vegas, LLC, 2021 WL 4810324 (D. Nev. Oct. 14, 2021). The court has reviewed the First Amended Complaint and taken a preliminary peek at the merits of the motion to dismiss and is convinced Plaintiff the Court believes he has not asserted claims upon which relief can be granted.
First, basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, (a). In addition, as it relates to service animals, reasonable modifications in policies, practices, or procedures, when such modifications are
necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to But Amended Complaint does not contain facts to allege he is disabled. In addition, there are also problems with claims under Nevada state law. For example, claims under NRS §§ 651.070 and 651.075 also require an allegation as to disability. And Nevada's criminal statutes do not generally create a private right of action.
In short, there are factual allegations that are currently missing from the First Amended Complaint that are needed to establish the different elements for the alleged claims. The district judge will decide the dispositive motion and may have a different view as to its merits. This discovery . . . . Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597 (D. Nev. 2011).
In addition, the court finds that staying the discovery in this case will further the goals enunciated in Federal Rule of Civil Procedure 1 as it would be more just to stay discovery while the issues in the pending motion are resolved. // IV. Conclusion
IT IS THEREFORE ORDERED that Defendant Motion to Stay Discovery (ECF No. 19) is GRANTED. IT IS FURTHER ORDERED that the hearing set for June 4, 2024 at 10:00 AM is VACATED.
DATED: May 28, 2024
BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
* * * Lonnie Washburn,
Plaintiffs, v. Mesquite Gaming LLC,
Defendant.
Case No. 2:24-cv-383-CDS-BNW
ORDER
Before the Court is Motion to Stay Discovery. ECF No. 43. Plaintiff responded and Defendant replied. ECF Nos. 44 and 45. 1
As explained in more detail below, the Court . I. Background
Plaintiff alleges that in June 2023 he was discriminated against during his stay at a hotel owned by Defendant. As a result, he brings several claims based on the American with Disabilities Act and related Nevada statutes.
Defendant moves to stay discovery pending the resolution of its motion to dismiss by Defendant argues that the pending motion is dispositive and that it can be decided without additional discovery. It also makes passing references to arguments contained in its motion to dismiss to support its belief that the case will not move forward. Specifically, it argues Plaintiff has not demonstrated standing to bring these claims and that he has not sufficiently alleged facts upon which relief can be granted. // //
1 T Order at ECF No. 38 directing the parties to file a stipulation regarding a stay of discovery was in error. This issue has been rendered moot given the instant motion.
Plaintiff does not contest that the pending motion to dismiss is potentially dispositive or test. But, as relevant here, Plaintiff argues that Defendant has not met its burden under Rule 26(c)
to stay discovery.
II. Legal Standard
Courts have broad discretionary power to control discovery. See Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir. 1988). When deciding whether to grant a stay of discovery, the court is guided by the objectives of Federal Rule of Civil Procedure 1, which Kor Media Group, LLC v. Green, 294 F.R.D.
579, 581 (D. Nev. 2013). Accordingly, considerations of judicial economy and preserving the U.S. for Use & Benefit of Newton v. 750 F.2d 1422, 1426-27 (9th Cir. 1985).
The Federal Rules of Civil Procedure do not, however, provide for automatic or blanket stays of discovery just because a potentially dispositive motion is pending. See Skellerup Indus. Ltd. v. City of L.A., 163 F.R.D. 598, 600-01 (C.D. Cal. 1995). However, when a party moves for a motion is potentially dispositive; (2) the potentially dispositive motion can be decided without
additional discovery; and (3) the co potentially dispositive motion and is convinced that the plaintiff will be unable to state a claim for
Kor Media Group, 294 F.R.D. at 581. III. Analysis
Here, the Court agrees with Defendant that the pending motion to dismiss is potentially dispositive and that no discovery is needed to resolve it. Moreover, Plaintiff does not contest either proposition. // //
While the Court has previously found that the preliminary peek test can be problematic, the issues presented here are simple enough that the test can be easily applied. See Schrader v. Wynn Las Vegas, LLC, 2021 WL 4810324 (D. Nev. Oct. 14, 2021). The court has reviewed the First Amended Complaint and taken a preliminary peek at the merits of the motion to dismiss and is convinced Plaintiff the Court believes he has not asserted claims upon which relief can be granted.
First, basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, (a). In addition, as it relates to service animals, reasonable modifications in policies, practices, or procedures, when such modifications are
necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to But Amended Complaint does not contain facts to allege he is disabled. In addition, there are also problems with claims under Nevada state law. For example, claims under NRS §§ 651.070 and 651.075 also require an allegation as to disability. And Nevada's criminal statutes do not generally create a private right of action.
In short, there are factual allegations that are currently missing from the First Amended Complaint that are needed to establish the different elements for the alleged claims. The district judge will decide the dispositive motion and may have a different view as to its merits. This discovery . . . . Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597 (D. Nev. 2011).
In addition, the court finds that staying the discovery in this case will further the goals enunciated in Federal Rule of Civil Procedure 1 as it would be more just to stay discovery while the issues in the pending motion are resolved. // IV. Conclusion
IT IS THEREFORE ORDERED that Defendant Motion to Stay Discovery (ECF No. 19) is GRANTED. IT IS FURTHER ORDERED that the hearing set for June 4, 2024 at 10:00 AM is VACATED.
DATED: May 28, 2024
BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE
