Scott v. Honeywell International, Inc.

Filing 26

ORDER granting 24 Defendant's Unopposed Motion to Vacate Scheduling/Planning Conference and Stay all Discovery and Other Rule 16 and 26 Requirements. Discovery is STAYED until after Judge Brimmer rules on Defendant's Motion to Dismiss 23 or until further Order of Court. Scheduling Conference 5/6/2014 02:00 PM is vacated. By Magistrate Judge Michael J. Watanabe on 4/8/2014.(emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-cv-00157-PAB-MJW
DEREK SCOTT, individually and on behalf of others similarly situated,
Plaintiff,
v.
HONEYWELL INTERNATIONAL, INC., a Delaware corporation,
Defendant.

ORDER REGARDING
DEFENDANT’S UNOPPOSED MOTION TO VACATE SCHEDULING/PLANNING
CONFERENCE AND STAY ALL DISCOVERY AND OTHER RULE 16 AND 26
REQUIREMENTS (DOCKET NO. 24)
Entered by Magistrate Judge Michael J. Watanabe
This case is before the court on Defendant’s Unopposed Motion to Vacate
Scheduling/Planning Conference and Stay all Discovery and Other Rule 16 and 26
Requirements (docket no. 24). The court has reviewed the subject motion (docket no.
24) and has taken judicial notice of the court’s file. In addition, the court has considered
applicable Federal Rules of Civil Procedure and case law. The court now being fully
informed makes the following findings of fact, conclusions of law, and order.
The Federal Rules of Civil Procedure do not expressly provide for a stay of
proceedings. See String Cheese Incident, LLC v. Stylus Shows, Inc.,
02–CV–01934–LTB–PA, 2006 WL 894955, at *2 (D. Colo. March 30, 2006)
(unpublished). Federal Rule of Civil Procedure 26 does, however, provide that “[a] party
or any person from whom discovery is sought may move for a protective order in the

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court where the action is pending . . . . The court may, for good cause, issue an order
to protect a party or person from annoyance, embarrassment, oppression, or undue
burden or expense . . . .” Fed. R. Civ. P. 26(c).
Moreover, “[t]he power to stay proceedings is incidental to the power inherent in
every court to control the disposition of the causes on its docket with economy of time
and effort for itself, for counsel, and for litigants. How this can best be done calls for the
exercise of judgment, which must weigh competing interests and maintain an even
balance.” Landis v. North Am. Co., 299 U.S. 248, 254-55 (1936) (citing Kansas City S.
Ry. Co. v. United States, 282 U.S. 760, 763 (1931)). An order staying discovery is thus
an appropriate exercise of this court's discretion. Id.
A stay of all discovery is generally disfavored. Bustos v. United States, 257
F.R.D. 617, 623 (D. Colo. 2009). However, “a court may decide that in a particular case
it would be wise to stay discovery on the merits until [certain challenges] have been
resolved.” 8A Charles Alan Wright, Arthur R. Miller & Richard L. Marcus, Federal
Practice and Procedure § 2040, at 198 (3d ed. 2010). Thus, courts have routinely
recognized that discovery may be inappropriate while issues of immunity or jurisdiction
are being resolved. See, e.g., Siegert v. Gilley, 500 U.S. 226, 231-32 (1991) (noting
that immunity is a threshold issue, and discovery should not be allowed while the issue
is pending); Workman v. Jordan, 958 F.2d 332, 336 (10th Cir. 1992) (same). Similarly,
a stay may be appropriate if “resolution of a preliminary motion may dispose of the
entire action.” Nankivil v. Lockheed Martin Corp., 216 F.R.D. 689, 692 (M.D. Fla. 2003).
See also Vivid Techs., Inc. v. American Science & Engineering, Inc., 200 F.3d 795, 804
(Fed. Cir. 1999) (“When a particular issue may be dispositive, the court may stay

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discovery concerning other issues until the critical issue is resolved.”).
When considering a stay of discovery, this court has considered the following
factors: (1) the plaintiff's interests in proceeding expeditiously with the civil action and
the potential prejudice to plaintiff of a delay; (2) the burden on the defendants; (3) the
convenience to the court; (4) the interests of persons not parties to the civil litigation;
and (5) the public interest. See String Cheese Incident, 2006 WL 894955, at *2.
Here, the Defendant seek to stay all discovery pending resolution of its Motion to
Dismiss (docket no. 23). Defendant Honeywell International Inc. further argues that the
String Cheese factors favor a stay.
As to the first and second String Cheese factors, the court recognizes that
plaintiff has an interest in proceeding expeditiously. Plaintiff does not object to a stay of
discovery. The court recognizes that there is certainly a burden on Defendant if a stay
is not put in place. Defendants may be forced to conduct discovery which may not
otherwise be necessary.
As to the third String Cheese factor, the court does have an interest in managing
its docket by seeing the case proceed expeditiously. Finally, neither the interest of
nonparties nor the public interest in general weigh heavily in either direction.
Accordingly, on balance, the court finds that a stay of discovery is appropriate in
this case.
WHEREFORE, for the foregoing reasons, it is hereby
ORDERED that Defendant’s Unopposed Motion to Vacate Scheduling/Planning
Conference and Stay all Discovery and Other Rule 16 and 26 Requirements (docket no.

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24) is GRANTED. Discovery is STAYED until after Judge Brimmer rules on
Defendant’s Motion to Dismiss (docket no. 23) or until further Order of Court. It is
further
ORDERED that the Rule 16 Scheduling/Planning Conference set on May 6, 2014
at 2:00 p.m. is VACATED.

Done this 8th day of April, 2014.
s/ Michael J. Watanabe
Michael J. Watanabe
United States Magistrate Judge