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)

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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   2

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