Lilly v. Cheyenne Medical LLC

District Court, D. Nevada

Lilly v. Cheyenne Medical LLC

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 ANGELIA LILLY, Individually and on Case No.: 2:20-cv-01051-APG-BNW behalf of others similarly situated, 4 Order Staying Case Plaintiff 5 [ECF No. 14] v. 6 CHEYENNE MEDICAL LLC, d/b/a 7 THRIVE CANNABIS MARKETPLACE,

8 Defendant

9 Defendant Cheyenne Medical LLC moves to stay this case pending a decision from the 10 Supreme Court of the United States in the case of Facebook, Inc. v. Duguid, Sup. Ct. Dkt. 19- 11 511. Having considered the factors discussed in Lockyer v. Mirant Corp.,

398 F.3d 1098

(9th 12 Cir. 2005), I agree that a stay is justified here. The Supreme Court’s decision in Facebook 13 should simplify many of the issues in this case (particularly those surrounding whether an 14 Automatic Telephone Dialing System was used), and could be case-dispositive. The delay 15 should last no longer than June 30, 2021, but the Facebook decision likely will come months 16 before then. This case is in its infancy, this short delay will not inflict much damage on the 17 plaintiff, and the delay may avoid significant and needless discovery resources for the parties and 18 the court. 19 I THEREFORE ORDER that the defendant’s motion for stay (ECF No. 14) is granted. 20 This case is stayed until 30 days after the Supreme Court issues its decision in Facebook, Inc. v. 21 22 23 1} Duguid. By that date, but no later than June 30, 2021, the parties shall file a new proposed discovery plan and scheduling order. 3 DATED this 30th day of November, 2020. 4 la ° ANDREW P.GORDON SOS 6 UNITED STATES DISTRICT JUDGE

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Reference

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