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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CALVARY CHAPEL SAN JOSE, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 20-cv-03794-BLF
ORDER GRANTING MOTION FOR
STAY OF DISCOVERY

v.
SARA CODY, et al.,

[Re: ECF 95]

Defendants.

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Defendants Governor Gavin Newsom and Public Health Officer Dr. Tomás Aragón

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(collectively, “State Defendants”) have filed a motion to stay all discovery pending the resolution

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of their not-yet-filed motion to dismiss. See Mot., ECF 95. Plaintiffs oppose this motion. See

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Opp’n, ECF 96. The Court GRANTS this motion and will stay discovery until 10 days after the

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filing of the third amended complaint.

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This Court “has wide discretion in controlling discovery.” Little v. City of Seattle, 863 F.2d

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681, 685 (9th Cir. 1988). Under the particular circumstances of this case, with the Parties’

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stipulation to postpone the filing of the third amended complaint, see Stipulation, ECF 88, good

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cause exists to stay discovery until 10 days after the filing of the third amended complaint. It is not

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reasonable to require Defendants to respond to discovery without knowing the boundaries of the

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claims against them.

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IT IS SO ORDERED.

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Dated: June 3, 2021
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BETH LABSON FREEMAN
United States District Judge