Jian Hu v. Aria Resort & Casino LLC, et al.

Summary

The United States District Court for the District of Nevada denies Plaintiff Jian Hu’s request construed as a motion for reconsideration of an order staying discovery and denying discovery-related motions without prejudice. The Court concludes that Plaintiff has not shown newly discovered evidence, clear error, manifest injustice, or an intervening change in controlling law. It also declines to permit discovery or consideration of alleged spoliation sanctions before resolution of Defendants’ pending motion to dismiss.

Holdings

1. Reconsideration was not warranted because Plaintiff did not establish newly discovered evidence, clear error or manifest injustice, or an intervening change in controlling law, and the motion merely rehashed prior arguments.
2. Plaintiff was not entitled to proceed with discovery before resolution of Defendants' motion to dismiss because the pleadings had not yet satisfied the applicable pleading requirements and the motion to dismiss could be resolved without discovery.
3. Plaintiff was not entitled to resolution of her alleged-spoliation sanctions requests before resolution of Defendants' motion to dismiss.

Questions Presented

1. Whether Plaintiff established grounds for reconsideration of the order staying discovery and denying without prejudice discovery-related motions.
2. Whether Plaintiff was entitled to conduct discovery before resolution of Defendants' motion to dismiss.
3. Whether the court was required to resolve Plaintiff's alleged-spoliation sanctions requests before ruling on the motion to dismiss.

Disposition

other