STIPULATION AND [PROPOSED] ORDER FOR STAY OF DISCOVERY

GEORGE FOLEY, Jr., Magistrate Judge.

Plaintiff Juan Rodriguez ("Rodriguez") and Defendant AT&T Services Inc. ("AT&T") by and through their undersigned counsel of record, hereby agree to seek an order staying discovery and the parties' obligations under Federal Rule of Civil Procedure 26 and Local Rule 26-1 pending resolution of AT&T's Motion to Compel Arbitration (Dkt. No. 11). In support of this Stipulation, the parties agree as follows:

1. Federal Rules of Civil Procedure 6(b) and 26(a) and (c) give this Court discretion to defer deadlines relating to discovery and pretrial proceedings. Moreover, the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16, forbids courts from requiring a party who seeks to compel arbitration to litigate or to participate in discovery on the merits while the motion to compel arbitration is pending.

2. AT&T has filed a Motion to Compel Arbitration. The parties' briefing on that motion is complete, and the motion is therefore ripe for the Court's decision. In the meantime, however, plaintiff has sought to initiate discovery on the merits, pointing to Local Rule 26-1(d), which ordinarily sets certain discovery deadlines. In this case, however, the FAA requires that those deadlines be stayed pending the Court's resolution of AT&T's motion to compel arbitration.

3. The parties agree that if and when discovery opens, discovery may be conducted on all matters relevant to issues raised by the pleadings then on file with the Court, and all matters otherwise within the scope of Rule 26(b)(1) and not protected from disclosure, without prejudice to the parties' ability to assert objections, including but not limited to objections pursuant to Rule 26. The parties also reserve their right to file a proposed protective order, should the need arise, pursuant to LR 16.1-3 and LR 16.1-4.

WHEREFORE, Rodriguez and AT&T jointly request that the Court enter an Order staying discovery and any pretrial proceedings regarding the merits of Plaintiff's claim pending the resolution of AT&T's motion to compel arbitration.

ORDER

IT IS SO ORDERED.