Calvary Chapel San Jose et al v. Cody et al

Filing 97

ORDER GRANTING 95 MOTION FOR STAY OF DISCOVERY. Signed by Judge Beth Labson Freeman on June 3, 2021. (blflc2S, COURT STAFF) (Filed on 6/3/2021)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 CALVARY CHAPEL SAN JOSE, et al., Plaintiffs, 8 9 10 United States District Court Northern District of California 11 Case No. 20-cv-03794-BLF ORDER GRANTING MOTION FOR STAY OF DISCOVERY v. SARA CODY, et al., [Re: ECF 95] Defendants. 12 13 Defendants Governor Gavin Newsom and Public Health Officer Dr. Tomás Aragón 14 (collectively, “State Defendants”) have filed a motion to stay all discovery pending the resolution 15 of their not-yet-filed motion to dismiss. See Mot., ECF 95. Plaintiffs oppose this motion. See 16 Opp’n, ECF 96. The Court GRANTS this motion and will stay discovery until 10 days after the 17 filing of the third amended complaint. 18 This Court “has wide discretion in controlling discovery.” Little v. City of Seattle, 863 F.2d 19 681, 685 (9th Cir. 1988). Under the particular circumstances of this case, with the Parties’ 20 stipulation to postpone the filing of the third amended complaint, see Stipulation, ECF 88, good 21 cause exists to stay discovery until 10 days after the filing of the third amended complaint. It is not 22 reasonable to require Defendants to respond to discovery without knowing the boundaries of the 23 claims against them. 24 IT IS SO ORDERED. 25 26 27 28 Dated: June 3, 2021 ______________________________________ BETH LABSON FREEMAN United States District Judge

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