Armin Dirk Van Damme v. Tiffany & Bosco, P.A.

Summary

The United States District Court for the District of Nevada grants Tiffany & Bosco, P.A.’s motion to stay discovery pending resolution of its motion to dismiss. The court denies the plaintiff’s motion to strike and denies the parties’ proposed discovery plan as moot, directing the parties to submit an amended plan if the motion to dismiss is denied.

Holdings

1. Discovery should be stayed because defendants' motion to dismiss could be decided without further discovery and good cause existed for a stay.
2. The motion to strike was denied because the court granted the motion to stay discovery and found no basis to strike the motion based on its filing before the Rule 26(f) conference.

Questions Presented

1. Whether discovery should be stayed while defendants' motion to dismiss was pending.
2. Whether plaintiff's motion to strike defendants' motion to stay discovery should be granted because the motion was filed before the Rule 26(f) conference.
3. Whether the parties' proposed discovery plan should be denied as moot after discovery was stayed.

Disposition

other