Opinion
CIVIL ACTION NO: 11-380
10-14-2011
PAT'S GARAGE DOORS & REPAIRS, LLC, ET AL. v. DISTRIBUTION BY DATAGEN, INC., ET AL.
ORDER AND REASONS
Defendants move to stay Federal Rule of Civil Procedure 26(a)(1) initial disclosures and discovery pending resolution of their motion to dismiss. A trial court is vested with broad discretion regarding discovery. Seiferth v. Helicopteros Atuneros, Inc., 472 F.3d 266, 270 (5th Cir. 2006). The court "may properly exercise its discretion to stay discovery pending a decision on a dispositive motion." Corwin v. Marney Orton Invs. , 843 F.2d 194, 200 (5th Cir. 1988)(citing Scroggins v. Air Cargo, Inc., 534 F.2d 1124, 1133 (5th Cir. 1976)). The Court finds that the defendants do not provide adequate grounds to delay discovery or Rule 26(a)(1) initial disclosures on the basis of a pending motion. Defendants have not pointed to discovery that has been propounded. Further, defendants do not show that discovery cannot be managed in a reasonable way pending resolution of their motion to dismiss.
R. Doc. 16.
For the foregoing reasons, the Court DENIES defendants' motion.
New Orleans, Louisiana, this 14th day of October, 2011.
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE