Doe v. Washoe County School District

1 || Andrea L. Schulewitch, Esq., Nev. Bar No. 15321 [email protected] || Kevin A. Pick, Esq., Nev. Bar No. 11683 [email protected] || WASHOE COUNTY SCHOOL DISTRICT P.O. Box 30425 || Reno, NV 89520-3425 Telephone: 775-348-0300 || Fax: 775-333-6010 Attorneys for Defendants 7 UNITED STATES DISTRICT COURT «88 IN AND FOR THE DISTRICT OF NEVADA oO oO || JANE DOE as Guardian of J. DOE, a CASE NO.: 3:23-cv-00107-LRH-CSD = minor, and in her individual capacity, ok 10 STIPULATION AND ORDER TO Plaintiffs, STAY DISCOVERY ll 8 Vs. (FIRST REQUEST) OO LL = WASHOE COUNTY SCHOOL DISTRICT, 13 a political subdivision of the State of Nevada, ~ itt BOARD OF TRUSTEES, and _ its || SUPERINTENDENT, DR. SUSAN ENFIELD, DOES I-XX and ROE 15 entities I-XX, 16 Defendants. / 18 Plaintiffs Jane Doe as Guardian of J. Doe, a minor, and in her individual capacity || (Plaintiffs) and Defendants Washoe County School District (District), a political subdivision of ||the State of Nevada, its Board of Trustees (Board), and Superintendent Dr. Susan Enfield || (collectively referred to as Defendants), hereinafter referred to collectively as the Parties, by and || though their respective counsel, and hereby stipulate and agree, pursuant to Civil Local Rules IA || 6-1, IA 6-2 and 7-1, as follows: 24 /// ] 1. The Parties stipulate that discovery in this matter be stayed until the Court issues || aruling on Defendants’ Motion to Dismiss (ECF No. 23).

3 2. On May 5, 2023, Plaintiffs served their Complaint (ECF No. 1) upon the District || and Superintendent Enfield.

5 3. On May 16, 2023, the Board waived service of process for the Summons and ||Complaint. See ECF No. 20.

7 4. On May 23, 2023, Defendants filed their Motion to Dismiss (ECF No. 23) seeking ° 8 dismiss all of Plaintiffs’ claims against Defendants as a matter of law pursuant to FRCP || 12(b)(6) for failure to state a claim.

10 5. Plaintiffs’ Opposition to Defendants’ Motion to Dismiss is due June 6, 2023.

11 6. The Parties agree it is in the best interest of all Parties to await the Court’s ruling S 12 || on Defendants’ Motion to Dismiss (ECF No. 23) prior to setting discovery deadlines and incurring 13 the time and expense of written discovery and depositions, in the event the Court dismisses the || claims against Defendants in whole or in part.

5 15 7. As the Ninth Circuit has confirmed, “(t)he purpose of F.R.Civ.P. 12(b)(6) is to || enable defendants to challenge the legal sufficiency of complaints without subjecting themselves || to discovery.” Rutman Wine Co. v. E. & J. Gallo Winery, 829 F.2d 729, 738 (9th Cir. 1987).

18 || Likewise, a district court has “wide discretion in controlling discovery.” Little v. City of Seattle, || 863 F.2d 681, 685 (9th Cir. 1988); see also FRCP 26(d)(1) (describing the court’s ability to limit || the scope of discovery). Ultimately, when deciding whether to grant a stay of discovery, a court ||1s guided by the objectives of Federal Rule of Civil Procedure | that ensures a “just, speedy, and ||inexpensive determination of every action.” Schrader v. Wynn Las Vegas, LLC, 2021 WL 23 || 4810324, *3 (D. Nev. Oct. 14, 2021) (quoting FRCP 1); see also Tradebay, LLC v. eBay, Inc., || 278 F.R.D. 597, 601 (D. Nev. 2011) (explaining that courts evaluating the propriety of a stay have || cautioned against the use of resources that may be rendered unnecessary, noting the simple, but || accurate principle: “Discovery is expensive”).

3 8. The Parties are in agreement that discovery is not required for the Court to decide || Defendants’ Motion to Dismiss. As the Court’s ruling could potentially result in dismissal of ||some or all of the claims against District, it would be an inefficient use of resources to engage in || discovery prior to the Court’s ruling. See Sibley v. U.S. Sup. Ct., 786 F. Supp. 2d 338, 346 (D.D.C. || 2011) (“()t is well settled that discovery is generally considered inappropriate while a motion ° 8 || that would be thoroughly dispositive of the claims in the Complaint is pending.”’). As such, it is || within the Court’s power to grant a stay of discovery at this time.

10 9. Accordingly, the Parties, after consultation with one another, have determined it || would be in the best interest of all Parties to request that this Court grant a stay of discovery until S 12 || the Court renders a decision on Defendants’ pending Motion to Dismiss. None of the Parties 13 || believe this delay will cause harm to their ability to conduct discovery in this matter, nor will it || cause either side to be in a worse position.

5 15 10. The Parties believe that, by not expending more funds or time until the Motion to || Dismiss is resolved, the Parties have put themselves in the best position possible to preserve 17 resources and protect their respective funds. See FRCP 1 and LR 1-1. The interests of litigation || efficiency and judicial economy are also promoted by a stay of discovery.

19 |} /// 20 /// ] 11. The Parties further stipulate to delay submission of the stipulated discovery plan || and discovery order for thirty (30) days after this Court files its decision on Defendants’ pending || Motion to Dismiss (ECF No. 23).

4 IT IS SO STIPULATED.

5 DATED this day of June, 2023. DATED this 2"¢ day of June, 2023.

6 CHATTAH LAW GROUP JOEY GILBERT LAW By: /s/Sigal Chattah, Esq. By: /s/Joey S. Gilbert, Esq. «C8 Sigal Chattah, Esq. Joey S. Gilbert, Esq.

3 Nev. Bar No. 8264 Nev. Bar No. 9033 9 [email protected] [email protected] = 5875 S. Rainbow Blvd., #203 405 Marsh Avenue or 10 Las Vegas, Nevada 89118 Reno, Nevada 89509 a Attorney for Plaintiff Attorney for Plaintiff ll es 12 DATED this 2" day of June, 2023.

Zo = 13 WASHOE COUNTY SCHOOL DISTRICT ex 14 OFFICE OF THE GENERAL COUNSEL By: /s/Andrea L. Schulewitch, Esq.

16 Andrea L. Schulewitch, Esq.

Nev. Bar No. 15321 7 [email protected] Kevin A. Pick, Esq.

18 Nev. Bar No. 11683 [email protected] 19 P.O. Box 30425 Reno, Nevada 89520-3425 0 Attorneys for Defendants ORDER 21 —_— Discovery is stayed until a ruling by the District Judge on the Motion to Dismiss. If the 73 motion is denied, the parties have twenty (20) days to submit a Stipulated Discovery Plan and Scheduling Order to the court.

IT IS SO ORDERED. cf Rv