KRISTEN L. MIX, Magistrate Judge.
This matter is before the Court on the parties'
Although the stay of proceedings in a case is generally disfavored, the Court has discretion to impose a stay when critical issues are pending. See, e.g., Wason Ranch Corp. v. Hecla Mining Co., No. 07-cv-00267-EWN-MEH, 2007 WL 1655362, at *1 (D. Colo. June 6, 2007) (unreported decision) ("A stay of all discovery is generally disfavored in this District." (citation omitted)); String Cheese Incident, LLC v. Stylus Shows, Inc., No. 1:02-cv-01934-LTB-PAC, 2006 WL 894955, at *2 (D. Colo. Mar. 30, 2006) (unreported decision) (finding that a thirty-day stay of discovery was appropriate when a motion to dismiss for lack of personal jurisdiction was pending); 8 Charles Alan Wright, et al., Federal Practice and Procedure § 2040, at 521-22 (2d ed. 1994) ("[W]hen one issue may be determinative of a case, the court has discretion to stay discovery on other issues until the critical issue has been decided."); Vivid Techs., Inc. v. Am. Sci. & Eng'g, Inc., 200 F.3d 795, 804 (Fed. Cir. 1999) ("When a particular issue may be dispositive, the court may stay discovery concerning other issues until the critical issue is resolved."). With respect to imposition of a stay based on proceedings in other courts, the Ninth Circuit Court of Appeals has stated:
Leyva v. Certified Grocers of California, Ltd., 593 F.2d 857, 863-64 (9th Cir. 1979).
When exercising its discretion to stay a matter, the Court considers the following factors: (1) the interest of the plaintiff in proceeding expeditiously with scheduling and discovery and the potential prejudice to the plaintiff of a delay; (2) the burden on the defendants of proceeding with scheduling and discovery; (3) the convenience to the Court of staying scheduling and discovery; (4) the interests of nonparties in either staying or proceeding with scheduling and discovery; and (5) the public interest in either staying or proceeding with scheduling and discovery. String Cheese Incident, 2006 WL 894955, at *2 (citing FDIC v. Renda, No. 85-2216-O, 1987 WL 348635, at *2 (D. Kan. Aug. 6, 1987) (unreported decision)).
Turning to the first and second elements, both parties agree that it is in their best interest for the Court to impose a stay in this matter for sixty days. Thus, the Court finds that Plaintiff has identified no prejudicial impact which would result from waiting sixty days for scheduling and discovery, and that Defendant has demonstrated that proceeding with scheduling and discovery in this matter may present an undue burden when the parties may agree to dismiss or administratively close this case based on the proceedings in the Delaware court. Accordingly, the Court finds that the first and second String Cheese Incident factors weigh in favor of staying scheduling and discovery.
With regard to the third factor, the Court will have to expend its time and limited resources to adjudicate this dispute. It is certainly more convenient for the Court to stay scheduling and discovery until it is clear that the case is not mooted or otherwise redirected or resolved as the result of proceedings in another court. Accordingly, the third String Cheese Incident factor weighs in favor of staying scheduling and discovery.
With regard to the fourth factor, the parties have indentified no non-parties with an interest in either staying or proceeding in this matter. Accordingly, the fourth String Cheese Incident factor neither weighs in favor of nor against staying scheduling and discovery.
With regard to the fifth and final factor, the Court finds that the public's only interest in this case is a general interest in its efficient and just resolution. Avoiding wasteful efforts by the parties and the Court clearly serves this interest. Thus, the fifth String Cheese Incident factor weighs in favor of staying scheduling and discovery.
Weighing the relevant factors, the Court concludes that staying scheduling and discovery for sixty days is appropriate. Accordingly,
IT IS HEREBY
IT IS FURTHER
IT IS FURTHER
IT IS FURTHER