Pitterman v. Greyhound Lines, Inc.

Filing 27

ORDER granting 26 Joint Motion to Stay. The scheduling conference set for September 26, 2017, is cancelled, and all pretrial proceedings in this case, including the parties' Rule 26(f) obligations, are stayed until further order of the court. Should the case survive the pending motion to dismiss 24 counsel shall confer and submit a Rule 26(f) planning meeting report to the undersigned's chambers within 14 days of the ruling on the motion. Signed by Magistrate Judge James P. O'Hara on 9/14/2017. (srj) Modified on 9/14/2017 to reflect changes in scheduling conference (sz).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MELISSA PITTERMAN,
Plaintiff,
v.

Case No. 17-1116-JTM

GREYHOUND LINES, INC.,
Defendant.

ORDER
The parties have filed a joint motion (ECF No. 26) to stay their Rule 26(f)
obligations until briefing is completed on defendant’s pending motion to dismiss (ECF
No. 24). By informal communication, the parties have since clarified that they are
requesting to stay this litigation pending a ruling on the motion to dismiss.
The court may stay discovery if: (1) the case is likely to be finally concluded via a
dispositive motion; (2) the facts sought through discovery would not affect the resolution
of the dispositive motion; or (3) discovery on all issues posed by the complaint would be
wasteful and burdensome.1 The decision whether to stay discovery rests in the sound
discretion of the court. As a practical matter, this calls for a case-by-case determination.
Considering the relevant factors, information provided by the parties, and the
briefing related to the pending dispositive motion, the court agrees with the parties that a
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See Wolf v. United States, 157 F.R.D. 494, 495 (D. Kan. 1994) (citing Kutilek v.
Gannon, 132 F.R.D. 296, 297-98 (D. Kan. 1990)); Lofland v. City of Shawnee, Kan., No.
16-2183, 2016 WL 5109941, at *1 (D. Kan. Sept. 20, 2016).
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brief stay of all pretrial proceedings is warranted until the court rules the dispositive
motion. In consideration of the foregoing, and upon good cause shown,
IT IS HEREBY ORDERED:
1)

The parties’ joint motion to stay (ECF No. 26) is granted.

2)

The scheduling conference set for September 26, 2017, is cancelled, and all

pretrial proceedings in this case, including the parties’ Rule 26(f) obligations, are stayed
until further order of the court.
3)

Should the case survive the pending motion to dismiss, counsel shall confer

and submit a Rule 26(f) planning meeting report to the undersigned’s chambers within 14
days of the ruling on the motion.
Dated September 14, 2017, at Kansas City, Kansas.

s/ James P. O’Hara
James P. O’Hara
U.S. Magistrate Judge

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