1 Amy L. Thompson, Esq. Nevada Bar No. 11907 2 Andrew S. Clark, Esq. Nevada Bar No. 14854 3 LITTLER MENDELSON, P.C. 3960 Howard Hughes Parkway 4 Suite 300 Las Vegas, Nevada 89169.5937 5 Telephone: 702.862.8800 Fax No.: 702.862.8811 6 [email protected] 7 [email protected]

8 Attorneys for Defendant HILTON GRAND VACATIONS CLUB, LLC 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA

11 ANTON NUNNERMACKER, individually, Case No. 2:24-cv-02094-RFB-MDC

12 Plaintiff, STIPULATION AND ORDER TO STAY 13 v. DISCOVERY PENDING RESOLUTION OF DEFENDANT’S MOTION TO 14 HILTON GRAND VACATIONS CLUB, LLC, DISMISS a Foreign Limited-Liability Company; DOES 1 15 through 10; and ROE CORPORATIONS I through X, 16 Defendants. 17

18 19 Plaintiff Anton Nunnermacker and Defendant Hilton Grand Vacations Club, LLC, hereby 20 agree and stipulate to stay discovery pending the resolution of Hilton’s Motion to Dismiss, which 21 was filed on November 15, 2024 (ECF No. 5). That motion is now fully briefed and awaiting a 22 decision. 23 Courts have “broad discretion in managing their dockets.” Byars v. Western Best, LLC, No. 24 2:19-cv-1690-JCM-DJA,

, at *1 (D. Nev. Jul. 6, 2020) (citing Clinton v. Jones, 25

, 706–07 (1997)). In exercising this discretion, “court are guided by the goals of 26 securing the just, speedy, and inexpensive resolution of actions.” Id.; see also Fed. R. Civ. P. 1. 27 This broad discretion applies to discovery, including whether to allow or deny discovery. See e.g., 28 Little v. City of Seattle,

(9th Cir. 1988). The parties agree that good cause exists 1 to stay discovery given that Hilton has filed a Motion to Dismiss that may be “dispositive” of 2 Plaintiff’s claims. See Schrader v. Wynn Las Vegas, LLC, No. 2:19-cv-02159-JCM-BNW, 2021

, at *4 (D. Nev. Oct. 14, 2021); Aristocrat Techs., Inc. v. Light & Wonder, Inc., No. 4 2:24-cv-00382-GMN-MDC,

, at *1 (D. Nev. May 21, 2024). Staying discovery 5 here will also avoid duplicating discovery efforts and help avoid unnecessary fees associated with 6 pursuing discovery before the Court resolves the pending Motion to Dismiss. Consistent with the 7 foregoing, the parties agree that they will be in a better position to discuss the necessary scope of 8 discovery that will be needed, if any, and the amount of time necessary for both sides to gather 9 evidence, once Hilton files its Answer. Notwithstanding the foregoing, the parties agree to 10 exchange initial disclosures under Rule 26(a)(1) on or before March 3, 2025. 11 Therefore, the Parties hereby agree and stipulate that: 12 1. All discovery in this action shall be stayed pending a decision on Hilton’s Motion to 13 Dismiss; and 14 2. Should the Court’s Order resolving the Motion to Dismiss not result in a full dismissal of 15 Mr. Nunnermacker’s claims, then (i) the stay of discovery shall be lifted as of the date the Court 16 enters its Order resolving the Motion to Dismiss; (ii) the Parties shall conduct a supplemental Rule 17 26(f) conference within fourteen days of entry of the Court’s Order resolving the Motion to 18 Dismiss; and (iii) the Parties shall file an amended Discovery Plan and Scheduling Order within 19 twenty-one calendar days of the entry of the Court’s Order resolving the Motion to Dismiss. 20 21 22 23 [Remainder of this Page Intentionally Left Blank] 24 25 26 27 28 1 3. Nothing in this Stipulation is intended to affect the currently scheduled Early Neutral 2 Evaluation. 3 Dated: February 26, 2025 Dated: February 26, 2025 4 BOWEN LAW OFFICES LITTLER MENDELSON, P.C. 5 /s/ Jerome R. Bowen /s/ Andrew S. Clark 6 Jerome R. Bowens, Esq. Amy L. Thompson, Esq. Aneta Mackovski, Esq. Andrew S. Clark, Esq. 7 Attorneys for Plaintiff Attorneys for Defendant 8 ANTON NUNNERMACKER HILTON GRAND VACATIONS CLUB, LLC 9 10 ORDER 11 IT IS SO ORDERED. 12 13 14 _____________________________________________ UNITED STATES MAGISTRATE COURT JUDGE 15 2-27-25 44887788--22559933--22228866 ./1 1/1 161062042.140-11091 9 16 17 18 19 20 21 22 23 24 25 26 27 28