Cleghorn v. Onebeacon America Insurance Company

Filing 12

ORDER granting 11 Motion to Stay discovery. The parties shall submit a proposed scheduling order within 14 days of the entry of the district judge's order. Signed by Magistrate Judge G. R. Smith on 1/29/15. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
CYNTHIA CLEGHORN,
Plaintiff,
Case No. CV414-226

V.

ONEBEACON AMERICA INSURANCE
COMPANY,
Defendant.

ORDER
In this removed case, plaintiff claims that defendant has
wrongfully interfered with her right to collect moneys from an
insurance settlement currently held in escrow. (Doc. 6-1 at 2 - 6.)
Defendant moves to dismiss the case, contending that plaintiff has
failed to state a claim for relief. (Doc. 6.) Although that motion is not
before the undersigned, the parties request a stay discovery and all
pretrial deadlines pending the Court's ruling on the motion. (Doc. ii.)
After reviewing the motion to dismiss, the Court is satisfied that it
has potential merit, and if it is not case dispositive, it will very likely
force plaintiff to amend her complaint. Courts in this circuit have

granted motions to stay discovery where the "resolution on the pending
motion to dismiss may extinguish some or all of the claims
potentially restricting the scope of discovery significantly."

White v.

Georgia, 2007 WL 3170105 at *2 (N.D. Ga. Oct. 25, 2007); see also
Feldman v. Flood, 176 F.R.D. 651, 652-53 (M.D. Fla. 1997). The parties'
request to stay discovery (doc. ii) is GRANTED. Should plaintiffs case
survive the dismissal motion, the parties shall submit a proposed
scheduling order within 14 days of the entry of the district judge's
order.
SO ORDERED this 29th day of January, 2015.

UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA