Opinion
Civil Action No. 09-cv-00717-CMA-BNB.
December 4, 2009
ORDER
By a minute order [Doc. # 42, filed 11/23/2009] I set a hearing on Plaintiffs' Motion to Compel Disclosures by Defendant NBC Universal, Inc. (the "Motion to Compel"), for January 7, 2010, at 3:00 p.m. I also set a scheduling conference for the same date and time. Subsequently, it has been brought to my attention that the district judge entered the following order:
THE COURT: All right. Plaintiff is given 30 days within which to file its Amended Complaint. The Court will note that pursuant to Iqbal, the Supreme Court did state that while Rule 8 does allow broader pleading, it does not unlock the doors of discovery for a plaintiff that has — it does not unlock the doors of discovery for a plaintiff that has armed itself with nothing more than conclusions.
So the Court is not going to allow — the discovery stay will remain in effect.
Reporter's Partial Transcript [Doc. # 38, filed 10/23/2009] at p. 26 line 19 through p. 27 line 1.
In view of the order of the district judge, it was error for me to set a scheduling conference. Accordingly,
IT IS ORDERED that the hearing on the Motion to Compel shall occur on January 7, 2010, at 3:00 p.m., as previously scheduled.
IT IS FURTHER ORDERED that the scheduling conference set for January 7, 2010, is VACATED.