Munguia-Brown et al v. Equity Residential et al

Filing 180

Discovery Order: The Court instructs Defendants to file a stay motion re 171 Discovery Order (directed to the undersigned's attention) by September 9 and Plaintiffs to file a response by September 11. Signed by Judge Thomas S. Hixson on 9/4/2020. (cdnS, COURT STAFF) (Filed on 9/4/2020)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAVANNI MUNGUIA-BROWN, et al.,

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Plaintiffs,

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United States District Court
Northern District of California

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Case No. 16-cv-01225-JSW (TSH)
DISCOVERY ORDER

v.

Re: Dkt. Nos. 171, 178
EQUITY RESIDENTIAL, et al.,
Defendants.

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The Court had a telephonic hearing this afternoon, during which Defendants advised they

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are petitioning the Ninth Circuit for a writ of mandamus to overturn the Court’s discovery order at

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ECF No. 171. Until the Court of Appeals acts on the writ petition, Defendants think it should not

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be enforced. However, the Court thinks Defendants have gotten things backwards. ECF No. 171

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(which Judge White denied review of in ECF No. 178) is a binding court order. If Defendants do

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not wish to comply with it until their writ petition can be considered, they should move for a stay

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pending the writ petition. (The stay motion should be directed to the undersigned’s attention,

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since they are seeking to stay my order.) The Court instructs the Defendants to file a stay motion

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by September 9 and Plaintiffs to file a response by September 11.

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IT IS SO ORDERED.

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Dated: September 4, 2020

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THOMAS S. HIXSON
United States Magistrate Judge