1

2 UNITED STATES DISTRICT COURT

3 DISTRICT OF NEVADA

4 * * *

5 Juan L. Mozqueda-Leon, Case No. 2:22-cv-00594-RFB-DJA

6 Plaintiff, Order 7 v.

8 American Builders & Contractors Supply Co., Inc.; et al., 9 Defendants. 10

11 12 Before the Court is a stipulation to stay discovery deadlines for forty-five days, to extend 13 discovery deadlines, and to move a hearing. (ECF No. 39). The Court finds that a stay of 14 discovery is appropriate in this case under the two-step analysis in Scharder v. Wynn, No. 2:19- 15 cv-02159-JCM-BNW,

, at *4 (D. Nev. Oct. 14, 2021). That analysis provides 16 that a Court may grant motions to stay discovery when a dispositive motion is pending if: (1) the 17 dispositive motion can be decided without further discovery; and (2) good cause exists to stay 18 discovery.

Additionally, courts have “wide discretion” in controlling discovery. Little v. City 19 of Seattle,

(9th Cir. 1988). 20 Here, prong one is inapplicable, but the parties satisfy prong two. The parties do not seek 21 the stay pending a dispositive motion. Rather, they explain that a stay is necessary because of 22 counsel’s serious health issues and pending surgery. This explanation fulfils the second prong. 23 The Court thus finds that a stay would accomplish the objectives of Rule 1: a just, speedy, and 24 inexpensive determination of the action. See Fed. R. Civ. P. 1. 25 The parties also seek to move the pending discovery deadlines forty-five days to 26 accommodate the stay and to reschedule the hearing scheduled for February 6, 2023 to a date 27 after the stay. Under Local Rule 26-3, a motion to extend a date set by the discovery plan or 1 || other order must be supported by good cause. The Court finds that the parties have demonstrated 2 || good cause for both. 3 4 IT IS THEREFORE ORDERED that the stipulation to stay discovery (ECF No. 39) is 5 || GRANTED. Discovery shall be stayed for forty-five days and resume on March 20, 2023. 6 IT IS FURTHER ORDERED that the below deadlines shall govern discovery once it 7 || resumes: 8 Discovery cutoff: July 14, 2023 9 Dispositive motions: August 14, 2023 10 Pretrial order:! September 14, 2023 11 IT IS FURTHER ORDERED that the hearing scheduled for February 6, 2023 is 12 || rescheduled for March 28, 2023 at 10:00 AM in Courtroom 3A. 13 14 DATED: February 1, 2023 .

DANIEL J. ALBREGTS 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 □ 97 || | Under Local Rule 26-1(b)(5), “[i]f dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended until 30 days after decision on the dispositive motions or further 28 || court order.”