1

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Mary Jolley, Case No. 2:21-cv-02178-RFB-DJA 6 Plaintiff, 7 Order v. 8 USAA Casualty Insurance Company, 9 Defendant. 10 11 12 Defendant USAA Casualty Insurance Company has moved to extend the time to respond 13 to Plaintiff Mary Jolley’s complaint. (ECF No. 11). Plaintiff did not file a response. Defendant 14 explains that it has filed a partial motion to dismiss and thus, its obligation to answer Plaintiff’s 15 claims not addressed in the motion to dismiss is tolled by Federal Rule of Civil Procedure 16 12(a)(4)(A). 17 Under Federal Rule of Civil Procedure 12(a)(4)(A), if a party files a motion to dismiss 18 under Rule 12, the responsive pleading deadline is tolled until 14 days after the court has rendered 19 its decision on the motion. See Fed. R. Civ. P. 12(a)(4)(A); see Talbot v. Sentinel Ins. Co., Ltd., 20 No. 2:11-cv-01766-KJD-CWH,

, at *5 (D. Nev. Mar. 29, 2012). This Court 21 has extended this rule to instances where a party has filed a partial motion to dismiss. See Talbot, 22

, at *5. However, the Court in Talbot noted that tolling the time for a 23 responsive pleading does not result in a stay of discovery. See

Additionally, under Local Rule 24 7-2(d), the failure of a party to file points and authorities in response to any motion constitutes a 25 consent to the granting of the motion. LR 7-2(d). 26 Tolling the responsive pleading time is appropriate under the circumstances and the 27 Federal Rules. Additionally, Plaintiff has not responded to the motion, constituting her consent to 1 deadline until fourteen days after the Court’s disposition of the motion to dismiss. However, 2 discovery is not stayed. Plaintiff must initiate the 26(f) conference and the parties are directed to 3 file their stipulated discovery plan and scheduling order within fourteen days. The Court finds 4 these matters properly resolved without a hearing. LR 78-1. 5 6 IT IS THEREFORE ORDERED that Defendant’s motion to extend time (ECF No. 11) 7 is granted. 8 IT IS FURTHER ORDERED that Plaintiff shall initiate the 26(f) conference and the 9 parties shall submit a stipulated discovery plan and scheduling order by Monday, February 14, 10 2022. 11 12 DATED: February 1, 2022 13 DANIEL J. ALBREGTS 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27