Federal Trade Commission et al v. Next-Gen, Inc. et al

Filing 110

ORDER - Defendant's Motion to Stay Discovery 103 is GRANTED IN PART. All discovery is stayed for fourteen (14) days, and will resume on Tuesday, August 7, 2018. The parties' Joint Motion for Extension of Time to Provide Financial Disclosures 108 is DENIED AS MOOT. Signed on 7/24/18 by Chief District Judge Greg Kays. (Strodtman, Tracy)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
FEDERAL TRADE COMMISSION, et al.,
Plaintiffs,
v.
NEXT-GEN, INC., et al.,
Defendants.

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No. 4:18-cv-00128-DGK

ORDER STAYING DISCOVERY FOR FOURTEEN (14) DAYS
On July 17, 2018, this Court entered a Temporary Restraining Order (“TRO”) against
Defendants. Now before the Court is Defendants’ Emergency Motion to Stay Discovery (Doc.
103). For the reasons explained below, Defendants’ Motion to Stay Discovery is GRANTED IN
PART.
Discussion
This Court has the inherent power to stay discovery. See Landis v. N. Am. Co., 299 U.S.
248, 254-55 (1936); see also U.S. ex rel Kraxberger v. Kansas City Power & Light Co., 756 F.3d
1075, 1082 (8th Cir. 2014) (“A district court has very wide discretion in handling pretrial
discovery.”). Here, Defendants seek to stay discovery until after this Court rules on the preliminary
injunction.
The Plaintiffs argue that they will be prejudiced by a stay. They assert Defendants have
failed to fully comply with discovery requests, and that they have “refused to produce whole
categories of documents, raising frivolous objections to their production.” See Pls.’ Suggs. in
Opp’n, at 6 (Doc. 104). Plaintiffs’ allegations are concerning. The Court encourages the parties
to continue working together to resolve discovery disputes. See Local Rule 37.1.

However, in recognition of the TRO’s substantial discovery requirements, the Court will
stay discovery for fourteen (14) days. At that time, all discovery, including depositions, will
resume pursuant to the deadlines set forth in the TRO.
Conclusion
Accordingly, Defendant’s Motion to Stay Discovery (Doc. 103) is GRANTED IN PART.
All discovery is stayed for fourteen (14) days, and will resume on Tuesday, August 7, 2018. The
parties’ Joint Motion for Extension of Time to Provide Financial Disclosures (Doc. 108) is
DENIED AS MOOT.
IT IS SO ORDERED.
Date:

July 24, 2018

/s/ Greg Kays
GREG KAYS, CHIEF JUDGE
UNITED STATES DISTRICT COURT