Opinion
2:10-cv-00249-KJD-LRL.
October 26, 2010
ORDER
Before the court is defendant's Motion to Stay Discovery and Stay Compliance With Fed.R.Civ.P. 26 and LR 26-1 as to Federal Defendant (#12). No response to the motion has been filed. Defendant seeks a stay of discovery "until such time as the Court rules on the Federal Defendant's Motion to Dismiss (#5)." Although the parties have held a Rule 26(f) conference, the parties are not currently engaged in discovery nor has a scheduling order issued. Hence, a stay of discovery will not prejudice the parties. Additionally, the Motion to Stay (#12) is unopposed. "Failure to file points and authorities in opposition to a motion is consent to its granting." LR 7-2(d).
Accordingly, and for good cause otherwise shown,
IT IS ORDERED that defendant's Motion to Stay Discovery and Stay Compliance With Fed.R.Civ.P. 26 and LR 26-1 as to Federal Defendant (#12) is granted. Discovery proceedings are hereby stayed pending further order of the court.
DATED this 26th day of October, 2010.