Opinion
3-04-CV-255-AH.
July 29, 2004
ORDER
On this day came on to be considered the following pleadings filed in this action:
1. Defendants' Motion for Protective Order filed on May 5, 2004,
2. Plaintiff's Motion to Compel Discovery filed on May 10, 2004,
3. Plaintiff's Motion for Sanctions filed on June 7, 2004,
and, having considered the said motions and the responses thereto, the court finds and orders as follows:
Prior to the date on which this case was transferred to the undersigned pursuant to 28 U.S.C. § 636(c), Defendants filed their motion to dismiss on March 9, 2004. At the present time the court has not ruled on the motion.
Defendants' Motion for Protective Order was precipitated by their counsel's receipt of numerous discovery requests directed to them and to non-parties. Defendants seek protection from Plaintiff's discovery until it is determined that they have been properly served and are therefore subject to this court's jurisdiction.
Plaintiff's Motion to Compel relates to the same discovery identified in Defendants' prior motion.
Plaintiff's Motion for Sanctions relates to the same discovery and to other alleged instances of refusal to cooperate in discovery.
IT IS ORDERED that the motions are granted and denied in part to the extent that no discovery shall proceed in this case, unless otherwise obtained pursuant to the agreement of the parties, until the court has ruled on Defendants' motion to dismiss and a scheduling order has been entered by the court.
A copy of this order shall be transmitted to Plaintiff and counsel for Defendants.