Spirit Airlines Inc v. Association of Flight Attendants-CWA, AFL-CIO

Filing 36

ORDER granting Defendant's 19 Motion for Protective Order and denying Plaintiff's 24 Motion to Compel. Signed by Magistrate Judge R. Steven Whalen. (Ciesla, C)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SPIRIT AIRLINES, INC.,
Plaintiff,

No. 14-10715

v.

District Judge Patrick J. Duggan
Magistrate Judge R. Steven Whalen

ASSOCIATION OF FLIGHT
ATTENDANTS-CWA, AFL-CIO,
Defendant.
/
ORDER
Before the Court are Defendant Association of Flight Attendants-CWA, AFLCIO’s (“AFA’s”) Motion for Protective Order Staying Discovery [Doc. #19] and Plaintiff
Spirit Airlines, Inc.’s (“Spirit’s”) Motion to Compel Discovery [Doc. #24].
The AFA presently has a motion for judgment on the pleadings [Doc. #18]
pending. As I explained in my order denying Spirit’s motion to stay briefing, the AFA’s
motion will be decided on the pleadings, without the necessity of discovery. See Ashcroft
v. Iqbal, 556 U.S.662, 686 (2009); New Albany Tractor, Inc. v. Louisville Tractor, Inc.,
650 F.3d 1046, 1051 (6th Cir. 2011). If the AFA’s motion is granted, there will be no
necessity for discovery. If the AFA’s motion is denied, discovery can proceed, with no
prejudice to the Plaintiff.

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Accordingly, Defendant’s Motion for Protective Order Staying Discovery [Doc.
#19] is GRANTED, and Plaintiff’s Motion to Compel Discovery [Doc. #24] is DENIED.

IT IS SO ORDERED.

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: July 2, 2014
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record
on July 2, 2014, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen

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