Vigdor et al v. Super Lucky Casino, Inc. et al

Filing 57

ORDER by Judge Haywood S. Gilliam, Jr. DENYING 46 MOTION TO PARTIALLY LIFT DISCOVERY STAY.(ndrS, COURT STAFF) (Filed on 7/5/2017)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAN VIGDOR, et al., Plaintiffs, 8 9 10 United States District Court Northern District of California 11 v. Case No. 16-cv-05326-HSG ORDER DENYING MOTION TO PARTIALLY LIFT DISCOVERY STAY Re: Dkt. No. 46 SUPER LUCKY CASINO, INC., et al., Defendants. 12 13 Pending before the Court is Plaintiffs’ motion to partially lift the Private Securities 14 Litigation Reform Act (“PSLRA”) discovery stay. Dkt. No. 46. The Court finds this matter 15 appropriate for disposition without oral argument and the matter is deemed submitted. See N.D. 16 Civ. L.R. 7–1(b). 17 As both parties acknowledge, under the PSLRA, “all discovery and other proceedings shall 18 be stayed during the pendency of any motion to dismiss, unless the court finds upon the motion of 19 any party that particularized discovery is necessary to preserve evidence or to prevent undue 20 prejudice to that party.” 15 U.S.C. § 78u-4(b)(3)(B); SG Cowen Sec. Corp. v. U.S. Dist. Court for 21 N. Dist. of CA, 189 F.3d 909, 913 (9th Cir. 1999) (“[D]iscovery should be permitted in securities 22 class actions only after the court has sustained the legal sufficiency of the complaint.”). Because 23 Plaintiffs have not adequately demonstrated that the stay will result in the loss of evidence or other 24 prejudice to Plaintiffs, the Court DENIES the motion. 25 On June 29, 2017, Plaintiffs filed a notice that they intend to eliminate the Securities 26 Exchange Act claim from their amended complaint. See Dkt. No. 56. Until Plaintiffs file the 27 amended complaint, however, the discovery stay will remain in effect. After Plaintiffs file their 28 amended complaint, the parties shall meet and confer regarding a proposed discovery schedule 1 before the August 1, 2017 case management conference, and include the proposed schedule in 2 their joint case management statement. 3 IT IS SO ORDERED. 4 5 6 Dated: July 5, 2017 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?