Mortgage Electronic Registration Systems, Inc. v. Koeppel et al
Order Granting 85 Ex Parte Application Signed by Judge Edward J. Davila on 10/7/2019.(ejdlc1S, COURT STAFF) (Filed on 10/7/2019)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
REGISTRATION SYSTEMS, INC., et al.,
Case No. 5:18-cv-03443-EJD
ORDER GRANTING EX PARTE
MOTION FOR PROTECTIVE ORDER
Re: Dkt. No. 85
GARY MERLE KOEPPEL, et al.,
Mortgage Electronic Registration Systems, Inc., Nationstar Mortgage LLC, U.S. Bank,
United States District Court
Northern District of California
N.A., and Wells Fargo, N.A. have moved, ex parte, for a protective order staying discovery
pending the court’s ruling on the pending Motion for Judgment on the Pleadings and Motion to
Dismiss Third Party Complaint, which are set for hearing on October 17, 2019. The Koeppels
opposed the ex parte motion.
“A district court has broad discretion to stay discovery pending the disposition of a
dispositive motion.” Hall v. Tilton, 2010 WL 539679, at *2 (N.D. Cal. Feb. 9, 2010) (citing
Panola Land Buyers Ass’n. v. Shuman, 762 F.2d 1550, 1560 (11th Cir.1985)). Having considered
the parties’ papers, the court finds that the pending motions are case dispositive and that they may
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
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