Ogeechee-Canoochee Riverkeeper, Inc. v. King America Finishing, Inc.

Filing 20

ORDER granting the parties' request to stay discovery. Should the Court deny defendant's motion to dismiss, the parties shall submit a proposed scheduling order within fourteen days of the Court's entry of the order denying defendant's motion. Signed by Magistrate Judge G. R. Smith on 11/26/2012. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATE SBORO DIVISION
OGEECHEE-CANOOCHEE
RIVERKEEPER, INC.,

)
)
)

Plaintiff,

)
)

)

V.

Case No. CV612-058

)

KING AMERICA FINISHING, INC.,

)
)

Defendant.

)

ORDER
Before the Court is the parties' Fed. R. Civ. P. 26(f) report. Both
sides ask the Court to stay all discovery deadlines pending the Court's
ruling on defendant's motion to dismiss. (Doc. 18 (Rule 26(f) report); see
doc. 15 (defendant's motion to dismiss).) Courts in this circuit have
granted such motions to stay 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). Having
taken a preliminary peek at the motion to dismiss, the Court is satisfied

that a stay is appropriate. Feldman v. Flood, 176 F.R.D. 651, 652-53
(M.D. Fla. 1997). Consequently, the parties' request to stay discovery is
GRANTED. Should the Court deny defendant's motion to dismiss, the
parties shall submit a proposed scheduling order within 14 days of the
Court's entry of the order denying defendant's motion.

SO ORDERED this

26

YA

day of November, 2012.

UNITE TATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

2