Smith v. Nickula et al
Filing
15
ORDER granting 11 Motion to Stay Discovery pending further order of this Court, signed by Magistrate Judge Karen L Strombom. (GMR- cc: pltf)
<![CDATA[
1
2
3
4
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
5
6
7
DANIEL SMITH,
8
9
10
11
12
13
CASE NO. C12-5774 RBL-KLS
Plaintiff,
ORDER GRANTING MOTION TO
STAY DISCOVERY
v.
TAMMY NICKULA, DENNIS
CHERRY, PAT GLEBE, JOHN DOE,
JANE DOE,
Defendants.
Before the Court is Defendants’ motion to stay discovery. ECF No. 11. Defendants have
14 filed a motion to dismiss, which is noted for November 30, 2012. ECF No. 12. The Court finds
15 that Defendants’ request is reasonable and that a stay of discovery is warranted pending the
16 Court’s consideration of the motion to dismiss.
17
18
DISCUSSION
The court has broad discretionary powers to control discovery. Little v. City of Seattle,
19 863 F.2d 681, 685 (9th Cir. 1988). Upon showing of good cause, the court may deny or limit
20 discovery. Fed. R. Civ. P. 26( c). A court may relieve a party of the burdens of discovery while
21 a dispositive motion is pending. DiMartini v. Ferrin, 889 F.2d 922 (9th Cir. 1989), amended at
22 906 F.2d 465 (9th Cir. 1990) Rae v. Union Bank, 725 F.2d 478 (9th Cir. 1984).
23
In their motion to dismiss, Defendants argue that Plaintiff’s claims should be dismissed
24 because he has failed to state a claim for relief. ECF No. 12. Thus, neither the parties nor this
ORDER GRANTING MOTION TO STAY
DISCOVERY- 1
1 Court should be burdened with the expense of discovery and discovery motions pending the
2 Court’s decision on Defendants’ motion as it may affect all or some of Plaintiff’s claims.
3
Accordingly, it is ORDERED:
4
(1)
All discovery in this matter is STAYED pending further order of this Court.
5
(2)
The Clerk shall send a copy of this Order to Plaintiff and to counsel for
6 Defendants.
7
DATED this 30th day of November, 2012.
8
A
9
Karen L. Strombom
United States Magistrate Judge
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ORDER GRANTING MOTION TO STAY
DISCOVERY- 2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
