Elawyers Elawyers
Ohio| Change

LG CORPORATION v. HUANG XIAOWEN, 3:16-cv-1162-JLS-NLS. (2017)

Court: District Court, N.D. California Number: infdco20170224f03 Visitors: 12
Filed: Feb. 23, 2017
Latest Update: Feb. 23, 2017
Summary: ORDER GRANTING JOINT MOTION TO STAY DISCOVERY PENDING RESOLUTION OF N&K TRADING'S MOTION TO DISMISS (Dkt. No. 133) NITA L. STORMES , Magistrate Judge . Before the Court is Plaintiffs' and Defendant N&K Trading, Inc.'s Joint Motion to Stay Discovery Pending Resolution of N&K Trading's Motion to Dismiss. (Dkt. No. 133.) N&K Trading argues a stay of discovery is warranted because the motion to dismiss is potentially dispositive and, if granted, would dismiss Plaintiffs' claims against it. (Id
More

ORDER GRANTING JOINT MOTION TO STAY DISCOVERY PENDING RESOLUTION OF N&K TRADING'S MOTION TO DISMISS

(Dkt. No. 133)

Before the Court is Plaintiffs' and Defendant N&K Trading, Inc.'s Joint Motion to Stay Discovery Pending Resolution of N&K Trading's Motion to Dismiss. (Dkt. No. 133.) N&K Trading argues a stay of discovery is warranted because the motion to dismiss is potentially dispositive and, if granted, would dismiss Plaintiffs' claims against it. (Id. at 2.) Plaintiffs strongly disagree that N&K Trading's motion has any likelihood of success, but argues a stay is nonetheless warranted because it will conserve the parties' resources. (Id. at 3.)

Courts have broad discretionary power to control discovery. See Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir. 1988). A pending dispositive motion by itself is not enough to justify a stay of discovery; however, stays may be appropriate when jurisdiction, venue or immunity are at issue. Ciuffitelli v. Deloitte & Touche LLP, 2016 U.S. Dist. LEXIS 163546, *14-*16 (D. Or. Nov. 28, 2016). Courts may also employ different methods and evaluate factors to determine whether a stay is appropriate. See Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 602 (D. Nev. 2011).

In considering the parties' arguments and evaluating factors relevant to the present inquiry, the Court finds good cause to issue an order staying discovery. The Court took a preliminary peek at N&K's pending motion to dismiss, and notes that the motion raises challenges to personal jurisdiction. Additionally, given Plaintiffs' and N&K's representations that they are the only remaining active litigants in the case because the rest have either defaulted or settled, a stay on discovery would not appear to affect any other parties. A stay of discovery will also conserve the parties' resources, and Plaintiffs state they would not be prejudiced by a stay because they may immediately resume discovery if N&K Trading's motion is denied.

Accordingly, the Court GRANTS the parties' joint motion. It is ORDERED that discovery is STAYED pending a ruling on N&K Trading, Inc.'s Motion to Dismiss. The parties must contact the undersigned's chambers within three days of a ruling to discuss whether any dates and deadlines in the scheduling order need to be reset.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer