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Rangel v. Adtalem Global Education, Inc., SA-18-CV-00082-JKP. (2020)

Court: District Court, W.D. Texas Number: infdco20200110e35 Visitors: 4
Filed: Jan. 09, 2020
Latest Update: Jan. 09, 2020
Summary: ORDER ELIZABETH S. ("BETSY") CHESTNEY , Magistrate Judge . Before the Court in the above-styled cause of action is Plaintiffs' Opposed Motion to Lift Stay of Discovery [#80]. By their motion, Plaintiffs ask the Court to lift the current stay on discovery. The record reflects that Defendant has filed multiple motions to dismiss in this case. On September 21, 2018, while the first motion to dismiss was pending, the Court granted Defendants' motion for protective order and stayed all discover
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ORDER

Before the Court in the above-styled cause of action is Plaintiffs' Opposed Motion to Lift Stay of Discovery [#80]. By their motion, Plaintiffs ask the Court to lift the current stay on discovery. The record reflects that Defendant has filed multiple motions to dismiss in this case. On September 21, 2018, while the first motion to dismiss was pending, the Court granted Defendants' motion for protective order and stayed all discovery in this action "until the Court resolves Defendants' Motion to Dismiss." (Order [#34] at 4.) Subsequent to that order, the Court consolidated this case with another action and ordered Defendants to file a renewed motion to dismiss in the consolidated action. Defendants filed their superseding motion to dismiss on December 18, 2018. After Plaintiffs amended their pleadings, Defendants again revised their arguments for dismissal and filed a third motion to dismiss on July 5, 2019. The undersigned thereafter issued a report and recommendation on that motion on December 13, 2019, recommending the motion be denied. The undersigned also issued a scheduling order to govern the course of this case, imposing a discovery deadline of September 25, 2020.

Plaintiffs now ask the Court to lift the previous stay on discovery and allow discovery to resume under the Scheduling Order. The Court will deny the motion. The Court's previous order indicated that discovery is stayed until "the Court" rules on Defendants' motion to dismiss. Although the undersigned has issued a report and recommendation on the motion, the Court has not yet issued its final ruling. The stay will automatically lift if the District Court denies the motion to dismiss, either in whole or in part. In the event that the parties are unable to complete discovery by the deadline set forth in the Court's scheduling order, Plaintiffs may request and the Court is likely to grant an extension that takes into consideration the time period during which the report and recommendation has been pending.

IT IS THEREFORE ORDERED that Plaintiffs' Opposed Motion to Lift Stay of Discovery [#80] is DENIED.

Source:  Leagle

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