Latelle v. Autozoners LLC et al - Document 72

Court Description:

ORDER that Plaintiff George J. Latelle, Jr.s Countermotion to Stay Action 57 is granted in part and denied in part. All discovery in this matter is stayed until a ruling on the pending summary judgment is entered. Defendants Joint Motion to Exten d Discovery by 90 Days 67 is denied as moot. The parties shall file a joint status report within five (5) days after a decision on the pending summary judgment is entered identifying what discovery, if any, remains. Signed by Magistrate Judge Carl W. Hoffman on 11/2/11. (Copies have been distributed pursuant to the NEF - ECS)

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 GEORGE LATELLE, JR., ) ) Plaintiff, ) ) vs. ) ) AUTOZONERS, LLC, et al., ) ) Defendants. ) __________________________________________) Case No. 2:11-cv-00591-LDG-CWH ORDER 12 This matter is before the Court on Plaintiff George J. Latelle, Jr.’s Countermotion to Stay 13 Action (#57), filed October 12, 2011; Defendants’ Response (#66), filed October 25, 2011; 14 Interested Party Yvette Weinstein’s Opposition (#70), filed October 25, 2011; and the parties’ Joint 15 Motion to Extend Discovery by 90 Days (#67), filed October 25, 2011. 16 In cursory fashion, Plaintiff requests that the Court stay this matter in its entirety until the 17 Bankruptcy Court rules on several of Plaintiff’s claimed exemptions in its bankruptcy filing. See 18 Pl.’s Mot. (#57). Defendants Autozoners, LLC and Amy Nagle agree that discovery should be 19 stayed but object to any stay that would affect a ruling on the pending summary judgment in this 20 matter. Defendants along with interested party Yvette Weinsten have also filed a joint motion to 21 extend discovery by 90 days “so that they do not have to undertake discovery until after this Court 22 rules on the pending summary judgment motion.” See Joint Mot. (#67) at ¶ 4. 23 Magistrate Judge Leen previously granted Defendant Autozoners, LLC’s protective order 24 (#29) requesting that it not be required to respond to multiple written discovery requests 25 propounded by Plaintiff George Latelle until 14 days after resolution of the pending summary 26 judgment. See Order (#42). Judge Leen specifically noted that Judge George, the assigned district 27 judge in this case, had previously granted summary judgment to an employer on the ground of 28 judicial estoppel in virtually identical circumstances. Id. This protective order remains in effect. 1 Nevertheless, it appears that, although the parties agree that the stay is appropriate, they 2 disagree on its actual scope or whether its scope should be expanded. Plaintiff requests that the 3 entire action, including any decision on the pending summary judgment, be stayed until the 4 Bankruptcy Court rules on certain exemption issues currently pending before it. Defendants 5 request that all discovery be stayed until after a ruling on the pending summary judgment, but 6 oppose any stay that would preclude a decision on the pending summary judgment. After review, 7 the Court finds that Plaintiff has not made the type of showing necessary to warrant a stay of this 8 matter in its entirety. However, to the extent it is not clear from the prior protective order (#29), 9 the Court finds that there is good cause to stay all discovery in this matter until a ruling on the 10 pending summary judgment (#27) is entered. As a result of this stay, the parties request for an 11 extension of discovery deadlines is moot. 12 Based on the foregoing and good cause appearing therefore, 13 IT IS HEREBY ORDERED that Plaintiff George J. Latelle, Jr.’s Countermotion to Stay 14 Action (#57) is granted in part and denied in part. All discovery in this matter is stayed until a 15 ruling on the pending summary judgment is entered. 16 17 18 IT IS FURTHER ORDERED that Defendants’ Joint Motion to Extend Discovery by 90 Days (#67) is denied as moot. IT IS FURTHER ORDERED that the parties shall file a joint status report within five (5) 19 days after a decision on the pending summary judgment is entered identifying what discovery, if 20 any, remains. 21 DATED this 2nd day of November, 2011. 22 23 24 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 25 26 27 28 2