Mortgage Electronic Registration Systems, Inc. v. Koeppel et al

Filing 91

Order Granting 85 Ex Parte Application Signed by Judge Edward J. Davila on 10/7/2019.(ejdlc1S, COURT STAFF) (Filed on 10/7/2019)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4 5 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., et al., Plaintiffs, 6 7 8 9 10 v. Case No. 5:18-cv-03443-EJD ORDER GRANTING EX PARTE MOTION FOR PROTECTIVE ORDER Re: Dkt. No. 85 GARY MERLE KOEPPEL, et al., Defendants. Mortgage Electronic Registration Systems, Inc., Nationstar Mortgage LLC, U.S. Bank, United States District Court Northern District of California 11 N.A., and Wells Fargo, N.A. have moved, ex parte, for a protective order staying discovery 12 pending the court’s ruling on the pending Motion for Judgment on the Pleadings and Motion to 13 Dismiss Third Party Complaint, which are set for hearing on October 17, 2019. The Koeppels 14 opposed the ex parte motion. 15 “A district court has broad discretion to stay discovery pending the disposition of a 16 dispositive motion.” Hall v. Tilton, 2010 WL 539679, at *2 (N.D. Cal. Feb. 9, 2010) (citing 17 Panola Land Buyers Ass’n. v. Shuman, 762 F.2d 1550, 1560 (11th Cir.1985)). Having considered 18 the parties’ papers, the court finds that the pending motions are case dispositive and that they may 19 20 21 22 23 24 25 26 27 28 be resolved without further discovery. See, e.g., Carter v. Oath Holdings, Inc., 2018 WL 3067985, at *4 (N.D. Cal. June 21, 2018); Pac. Lumber Co. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, 220 F.R.D. 349, 351-52 (N.D. Cal. 2003). Accordingly, the court stays discovery pending the court’s ruling on the pending motions. If appropriate, the court will entertain a motion to extend discovery following its ruling on the pending motions. IT IS SO ORDERED. Dated: October 7, 2019 ______________________________________ EDWARD J. DAVILA United States District Judge Case No.: 5:18-cv-03443-EJD ORDER GRANTING EX PARTE MOTION FOR PROTECTIVE ORDER 1

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