Heartland Payment Systems, Inc. v. Mercury Payments Systems LLC

Filing 56

Discovery Order re: 54 Joint Discovery Letter Brief Regarding the Payment Revolution Subpoena, 55 Joint Discovery Letter Brief Regarding the Timing of Discovery. Signed by Judge Maria-Elena James on 7/24/2014. (cdnS, COURT STAFF) (Filed on 7/24/2014)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

HEARTLAND PAYMENT SYSTEMS,
INC.,
Plaintiff,

8
9
10

United States District Court
Northern District of California

11

Case No. 14-cv-00437-CW (MEJ)
DISCOVERY ORDER
Re: Dkt. Nos. 54, 55

v.
MERCURY PAYMENTS SYSTEMS LLC,
Defendant.

12
13

Pending before the Court are two joint discovery dispute letters, filed July 22, 2014. The

14

first concerns a dispute over the subpoena that Plaintiff Heartland Payments Systems, Inc. served

15

on nonparty Payment Revolution LLC on June 10, 2014 pursuant to Federal Rule of Civil

16

Procedure 45. Dkt. No. 54. The second concerns a dispute over the timing of discovery, and

17

whether discovery should be stayed pending resolution of Defendant Mercury Payment Systems

18

LLC’s motion to dismiss. Dkt. No. 55. Upon review of the docket in this case, the Court notes

19

that no case management order has issued, so discovery has yet to commence. Further, Defendant

20

has both a Motion to Transfer and a Motion to Dismiss pending, and any discovery therefore

21

seems premature without permission from the presiding judge. Accordingly, based on the current

22

status of the case, the Court GRANTS Defendant’s request that discovery not proceed pending

23

resolution of its Motion to Dismiss.

24

IT IS SO ORDERED.

25
26
27
28

Dated: July 24, 2014
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge