Usenko v. SunEdison Semiconductor LLC et al

Filing 47

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Defendants motion to stay discovery pending the Courts ruling on Defendants motion to dismiss is GRANTED. (Doc. No. 40 ). IT IS FURTHER ORDERED that if Defendants motion to dismiss is denied in whole or in part, the parties shall submit within 14 days thereafter a joint proposed scheduling plan for the continued litigation of this case. The Court will set a Rule 16 conference, if appropriate, at that time. Signed by District Judge Audrey G. Fleissig on 12/14/2017. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ALEXANDER Y USENKO,

Plaintiff,
vs.
SUNEDISON SEMICONDUCTOR LLC,
et al.,
Defendants.

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No. 4:17-cv-02227-AGF

MEMORANDUM AND ORDER
This matter is before the Court on Defendants’ motion (Doc. No. 40) to stay
discovery pending the Court’s ruling on Defendants’ motion to dismiss the amended
complaint for failure to state a claim.
“In deciding whether to grant a motion to stay discovery, courts may consider
prejudice to the nonmoving party, hardship and inequity to the moving party, and judicial
resources that would be saved by the stay.” In re: PRE-Filled Propane Tank Antitrust
Litig., No. 14-02567-MD-W-GAF, 2015 WL 11111212, at *5 (W.D. Mo. Oct. 2, 2015).
Upon review of the record, Court finds that Defendants have presented valid reasons to
stay discovery for a relatively brief period of time. Further, a ruling on the motion to
dismiss could impact the scope of discovery. Conversely, Plaintiff has not made a
showing that a relatively brief stay of discovery would result in any significant prejudice to
him.
Accordingly,

IT IS HEREBY ORDERED that Defendants’ motion to stay discovery pending
the Court’s ruling on Defendants’ motion to dismiss is GRANTED. (Doc. No. 40).
IT IS FURTHER ORDERED that if Defendants’ motion to dismiss is denied in
whole or in part, the parties shall submit within 14 days thereafter a joint proposed
scheduling plan for the continued litigation of this case. The Court will set a Rule 16
conference, if appropriate, at that time.

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 14th day of December, 2017.

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