Tolton v. Capital One Auto Finance

Summary

This document is a civil standing order issued by Magistrate Judge Carla Baldwin of the United States District Court for the District of Nevada. It addresses hearings, virtual proceedings, courtesy copies, case management, discovery disputes, and related filing and courtroom procedures. Despite the provided case-style title, the text itself is a judge-specific standing order rather than a judicial opinion in Tolton v. Capital One Auto Finance.

Holdings

1. The filing of a motion to dismiss does not stay discovery; discovery must continue unless the court grants a separate motion to stay.
2. No discovery motion may be filed until the parties have met and conferred in good faith and followed the standing order's informal discovery-dispute procedure, unless the court permits otherwise for an emergency.
3. A party seeking leave to amend a pleading must comply with Local Rule 15-1 and must concurrently file a redlined or highlighted comparison of the proposed amended pleading against the prior operative pleading.
4. Parties must follow the Federal Rules of Civil Procedure, District of Nevada local rules, and applicable general orders except as superseded by the standing order; noncompliance may result in monetary sanctions, dismissal, entry of judgment, or other appropriate sanctions.

Questions Presented

1. What procedures must parties follow for hearings, virtual hearings, case management, filing documents, motions to amend pleadings, and discovery disputes before Magistrate Judge Baldwin?
2. Does the filing of a motion to dismiss automatically stay discovery?
3. What informal procedure must parties follow before filing a discovery motion?

Disposition

other