Opinion
Case No. 2:12-cv-01807-RCJ-NJK
04-18-2013
PIA BEATY, Plaintiff(s), v. SANTA ROSA III HOA, Defendant(s).
ORDER GRANTING MOTION TO
STAY AND DENYING WITHOUT
PREJUDICE MOTION TO COMPEL
(Docket Nos. 32, 34)
Pending before the Court is the Defendant's motion to extend discovery deadlines, which the Court construes as a motion to stay discovery pending resolution of Defedant's motion to dismiss filed pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). See Docket No. 34 at 2 (stating that motion to dismiss is potentially dispositive and could make discovery unnecessary, and seeking a discovery deadline of 90 days after a ruling is issued on motion to dismiss); see also Docket No. 8 (motion to dismiss). Plaintiff filed a response. See Docket No. 35. The Court finds that a stay of discovery accomplishes the objectives of Fed. R. Civ. P. 1 for the "just, speedy and inexpensive determination" of this action. Accordingly, for good cause shown, discovery in this matter is hereby STAYED pending resolution of Defendant's motion to dismiss. The parties are ORDERED to provide the undersigned with a revised discovery plan within 14 days of any order denying the motion to dismiss.
The Court notes that Plaintiff has also filed a motion for summary judgment that remains pending. See Docket No. 11.
Because the Court is staying discovery, Defendant's motion to compel is hereby DENIED without prejudice. Docket No. 32. Defendant may refile that motion in the event its motion to dismiss is denied.
IT IS SO ORDERED.
______________________
NANCY J. KOPPE
United States Magistrate Judge