Opinion
20 Civ. 5099 (LGS)
06-28-2021
GLOBAL INTERACTIVE MEDIA, INC., Plaintiff, v. TV MEDIA, INC., Defendant.
ORDER
LORNA G. SCHOFIELD, United States District Judge
WHEREAS, the initial pretrial conference in this matter is scheduled for July 1, 2021, at 11:00 a.m.
WHEREAS, the Order, dated June 25, 2021 (Dkt. No. 40), set a briefing schedule for Defendant's pending motion to dismiss the Complaint for failure to state a claim and for patent ineligibility under 35 U.S.C. § 101. Defendant requests a stay of discovery pending resolution of that motion.
WHEREAS, a discovery stay may be entered upon the moving party's showing of “good cause, ” Fed.R.Civ.P. 16(b)(4), or “where resolution of a preliminary motion may dispose of an entire action.” Thai Lao Lignite (Thailand) Co. v. Gov't of Lao People's Democratic Republic, 924 F.Supp.2d 508, 527 (S.D.N.Y. 2013). A discovery stay is warranted because Defendant's motion may dispose of the entire action. Accordingly, it is hereby
ORDERED that the initial pre-trial conference scheduled for July 1, 2021, is cancelled. It is further
ORDERED that discovery is stayed pending resolution of Defendant's motion to dismiss. No case management plan shall issue at this time.