Kim v. Interdent, Inc.

Filing 52

ORDER GRANTING DEFENDANTS' REQUEST FOR PROTECTIVE ORDER STAYING DISCOVERY UNTIL RESOLUTION OF MOTION TO DISMISS (SI, COURT STAFF) (Filed on 9/23/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 23, 2009 SUSAN ILLSTON United States District Judge IT IS SO ORDERED. v. INTERDENT INC., et al., Defendants. / SARAH KIM, Plaintiff, No. C 08-5565 SI ORDER GRANTING DEFENDANTS' REQUEST FOR PROTECTIVE ORDER STAYING DISCOVERY UNTIL RESOLUTION OF MOTION TO DISMISS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Defendants have moved for a protective order staying all discovery until the Court rules on defendants' motion to dismiss the amended complaint; the hearing on that motion is scheduled for November 13, 2009. Plaintiff opposes the motion on the ground that a stay will delay this case, and plaintiff notes that under the current pretrial schedule, the close of discovery is scheduled for March 2010. The Court finds that in light of the pending motion to dismiss, which is directed at all claims in the amended complaint, it is reasonable to stay any further discovery to eliminate potentially expensive and unnecessary discovery. If the complaint survives the motion to dismiss, the Court can adjust the pretrial schedule, and discovery deadlines, as necessary. Accordingly, the Court GRANTS defendants' motion for a protective order staying discovery until resolution of the pending motion to dismiss.