Raifman et al v. Wachovia Securities, LLC et al

Filing 65

DISCOVERY ORDER re 64 Joint Discovery Letter Brief. Signed by Judge Maria-Elena James on 3/28/2012. (cdnS, COURT STAFF) (Filed on 3/28/2012)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 GREGORY RAIFMAN, et al., 5 Plaintiffs, v. No. C 11-2885 SBA (MEJ) ORDER RE: REQUEST FOR STAY OF DISCOVERY 6 WACHOVIA SECURITIES, LLC, et al., Re: Docket No. 64 7 8 Defendants. _____________________________________/ 9 request to stay discovery pending ruling on their motion to dismiss. Dkt. No. 64. A two-pronged 12 For the Northern District of California The Court is in receipt of the parties’ joint discovery dispute letter, regarding Defendants’ 11 UNITED STATES DISTRICT COURT 10 test is used to determine whether a protective order should issue staying discovery. Hall v. Tilton, 13 2010 WL 539679, at *3 (N.D. Cal. Feb. 9, 2010) (citation omitted). First, a pending motion must be 14 potentially dispositive of the entire case, or at least dispositive on the issue at which discovery is 15 directed. Id. And second, the Court must determine whether the pending dispositive motion can be 16 decided absent discovery. Id. 17 As to the first issue, it appears that the pending motion is potentially dispositive of the entire 18 case. Jt. Ltr. at 2-3. As to the second issue, there is no indication that the pending motion can not be 19 decided absent discovery. The motion to dismiss is fully briefed, and the District Court advised the 20 parties on December 2, 2011 that it had taken the matter off calendar and under submission. Dkt. 21 No. 61. Thus, it appears that the District Court has concluded that it has all it needs in order to rule 22 on the merits. Further, at no time did Plaintiffs argue that they needed any particular discovery to 23 supplement the allegations of their Complaint. Accordingly, Defendants’ request is GRANTED. 24 IT IS SO ORDERED 25 26 27 28 Dated: March 28, 2012 _______________________________ Maria-Elena James Chief United States Magistrate Judge

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