Colston v. Boston Market Corporation et al

Filing 26

ORDER STAYING Phase II of Discovery and DENYING Plaintiff's 22 Motion to Compel--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARK COLSTON,
Plaintiff,
v.

Case No. 2:17-cv-10076
District Judge Nancy G. Edmunds
Magistrate Judge Anthony P. Patti

BOSTON MARKET
CORPORATION, et al.,
Defendants.
___________________________________/
ORDER DENYING PLAINTIFF’S MOTION TO COMPEL (DE 22) AND
STAYING PHASE II OF DISCOVERY
In the initial scheduling order, discovery was split into two phases, with
Phase I being limited to the exchange of initial disclosures, pursuant to Federal
Rule of Civil Procedure 26(a), which were due on or before May 15, 2017, and
Phase II to be determined at a May 15, 2017 status conference. (DE 17.) In the
interim, Plaintiff filed a motion to compel, which was set for hearing on May 17,
2017. (DE 22.)
This matter came before me for a telephonic status conference on May 15,
2017, which was held on the record. For the reasons stated by the Court during the
status conference, Plaintiff’s motion to compel is DENIED and the May 17, 2017
hearing is CANCELLED. (DE 22.) In addition, because Defendant’s motion to
dismiss is jurisdictional, and in the interest of judicial efficiency, Phase II of

discovery is hereby STAYED pending the resolution of Defendant’s motion to
dismiss. If the Court denies Defendant’s motion, a new scheduling order will be
entered.
IT IS SO ORDERED.

Dated: May 15, 2017

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

I hereby certify that a copy of the foregoing document was sent to parties of record
on May 15, 2017, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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