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)

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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. -1- 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 -2-

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