Opinion
Case No. 2:12-cv-01707-MMD-NJK
03-12-2013
BRANCH BANKING AND TRUST CO., Plaintiff(s), v. COOLIDGE 234, LLC, et al., Defendant(s).
ORDER DENYING STIPULATION TO
STAY DISCOVERY (Docket No. 21)
Pending before the Court is the parties' stipulation to stay discovery pending ruling on the motion to dismiss, Docket No. 21, which is DENIED without prejudice. The parties provide no support for their request other than the fact that a motion to dismiss is pending. The pendency of a motion to dismiss alone does not in itself stay discovery. See, e.g., Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 600 (D. Nev. 2011) ("The Federal Rules of Civil Procedure do not provide for automatic or blanket stays of discovery when a potentially dispositive motion is pending."). Instead, parties seeking to stay discovery must make a showing that such a stay is proper under the standards announced in Tradebay, 278 F.R.D. at 601-03. As no such showing has been made here, the stipulation to stay discovery is DENIED without prejudice.
IT IS SO ORDERED.
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NANCY J. KOPPE
United States Magistrate Judge