Opinion
22-cv-07627-TLT (AGT)
04-21-2023
LEGALFORCE RAPC WORLDWIDE, P.C, Plaintiff, v. LEGALON TECHNOLOGIES, INC., Defendant.
DISCOVERY ORDER
Re: Dkt. Nos. 36, 46, 47
Alex G. Tse United States Magistrate Judge
Defendant's request to stay all discovery until the Court resolves the pending motion to dismiss (dkt. 47) is denied. Defendant's motion to dismiss makes a factual attack on subject-matter jurisdiction. See Dkt. 25 at 11-15. In doing so, the motion relies on a declaration from defendant's CEO. See Dkt. 25-1. If the Court were to stay all discovery, plaintiff wouldn't have the opportunity to test that declaration and would be limited in its ability to offer facts in support of jurisdiction. Plaintiff may seek discovery on the issues raised in the motion to dismiss.
Plaintiff has already noticed several depositions, and defendant has indicated an intent to oppose those depositions. See Dkt. 46. If the parties are unable to resolve their dispute, they must file a joint statement with the Court. A joint statement should be filed instead of a motion to quash.
Plaintiff's administrative motion to confirm that discovery is open with respect to all defenses raised in the motion to dismiss (dkt. 36) is granted.
IT IS SO ORDERED.