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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., et al.,
Plaintiffs,

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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

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N.A., and Wells Fargo, N.A. have moved, ex parte, for a protective order staying discovery

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pending the court’s ruling on the pending Motion for Judgment on the Pleadings and Motion to

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Dismiss Third Party Complaint, which are set for hearing on October 17, 2019. The Koeppels

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opposed the ex parte motion.

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“A district court has broad discretion to stay discovery pending the disposition of a

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dispositive motion.” Hall v. Tilton, 2010 WL 539679, at *2 (N.D. Cal. Feb. 9, 2010) (citing

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Panola Land Buyers Ass’n. v. Shuman, 762 F.2d 1550, 1560 (11th Cir.1985)). Having considered

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the parties’ papers, the court finds that the pending motions are case dispositive and that they may

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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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