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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GREGORY RAIFMAN, et al.,

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Plaintiffs,
v.

No. C 11-2885 SBA (MEJ)
ORDER RE: REQUEST FOR STAY
OF DISCOVERY

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WACHOVIA SECURITIES, LLC, et al.,

Re: Docket No. 64

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Defendants.
_____________________________________/

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request to stay discovery pending ruling on their motion to dismiss. Dkt. No. 64. A two-pronged

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For the Northern District of California

The Court is in receipt of the parties’ joint discovery dispute letter, regarding Defendants’

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UNITED STATES DISTRICT COURT

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test is used to determine whether a protective order should issue staying discovery. Hall v. Tilton,

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2010 WL 539679, at *3 (N.D. Cal. Feb. 9, 2010) (citation omitted). First, a pending motion must be

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potentially dispositive of the entire case, or at least dispositive on the issue at which discovery is

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directed. Id. And second, the Court must determine whether the pending dispositive motion can be

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decided absent discovery. Id.

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As to the first issue, it appears that the pending motion is potentially dispositive of the entire

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case. Jt. Ltr. at 2-3. As to the second issue, there is no indication that the pending motion can not be

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decided absent discovery. The motion to dismiss is fully briefed, and the District Court advised the

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parties on December 2, 2011 that it had taken the matter off calendar and under submission. Dkt.

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No. 61. Thus, it appears that the District Court has concluded that it has all it needs in order to rule

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on the merits. Further, at no time did Plaintiffs argue that they needed any particular discovery to

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supplement the allegations of their Complaint. Accordingly, Defendants’ request is GRANTED.

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IT IS SO ORDERED

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Dated: March 28, 2012
_______________________________
Maria-Elena James
Chief United States Magistrate Judge