Pat's Garage Doors & Repairs, LLC et al v. Distribution by Datagen, Inc. et al

Filing 30

ORDER & REASONS denying dfts' 16 Motion to Stay as set forth herein. Signed by Judge Sarah S. Vance on 10/14/2011. (RLL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

PAT’S GARAGE DOORS & REPAIRS,
LLC, ET AL.

CIVIL ACTION

VERSUS

NO: 11-380

DISTRIBUTION BY DATAGEN,
INC., ET AL.

SECTION: R(4)

ORDER AND REASONS
Defendants move to stay Federal Rule of Civil Procedure
26(a)(1) initial disclosures and discovery pending resolution of
their motion to dismiss.1

A trial court is vested with broad

discretion regarding discovery.

Seiferth v. Helicopteros

Atuneros, Inc., 472 F.3d 266, 270 (5th Cir. 2006).

The court

“may properly exercise its discretion to stay discovery pending a
decision on a dispositive motion.”

Corwin v. Marney Orton Invs.,

843 F.2d 194, 200 (5th Cir. 1988)(citing Scroggins v. Air Cargo,

1

R. Doc. 16.

Inc., 534 F.2d 1124, 1133 (5th Cir. 1976)).

The Court finds that

the defendants do not provide adequate grounds to delay discovery
or Rule 26(a)(1) initial disclosures on the basis of a pending
motion.

Defendants have not pointed to discovery that has been

propounded.

Further, defendants do not show that discovery

cannot be managed in a reasonable way pending resolution of their
motion to dismiss.
For the foregoing reasons, the Court DENIES defendants’
motion.

New Orleans, Louisiana, this 14th day of October, 2011.
__

_________________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

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