Gersh v. Anglin

Filing 95

ORDER re 87 MOTION to Clarify Status of Discovery Stay filed by Tanya Gersh. The discovery stay imposed pursuant to the Court's Order dated December 15, 2017, is hereby terminated. Signed by Magistrate Judge Jeremiah C. Lynch on 5/24/2018. (APP)

Case 9:17-cv-00050-DLC-JCL Document 95 Filed 05/24/18 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

FILED
MAY 2 4 2018
Clerk, US D .
DistriCt Of M1strict Court
ontana
.
M1
ssou1a

TANYA GERSH,
CV 17-50-M-DLC-JCL
Plaintiff,
ORDER

vs.
ANDREW ANGLIN,
Defendant.

Plaintiff Tanya Gersh has file a motion requesting clarification on the status
of the stay of discovery imposed pursuant to the Court's Order dated December 15,
2017. (Doc. 41 ). The Order stayed discovery "pending a decision on the motion to
dismiss, with the exception of discovery that may become necessary by the
Plaintiff once she sees the Defendant' s reply to the information Plaintiff provides
to the Court with regard to Defendant's domicile in Ohio." (Doc. 41 , at 1-2). As
discussed at preliminary pretrial conference on December 14, 2017, the purpose of
the Order was to stay discovery pending resolution of the jurisdictional challenges
raised in Defendant's Motion to Dismiss (Doc. 31 ). Those challenges were
resolved with presiding United District Court Judge Dana Christensen' s May 7,
2018, Order denying Defendant's motion to dismiss for lack of subject matter
jurisdiction pursuant to Fed. R. Civ. P. 12(b)(l) and for lack of personal
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Case 9:17-cv-00050-DLC-JCL Document 95 Filed 05/24/18 Page 2 of 2

jurisdiction based on insufficient service of process pursuant to Fed. R. Civ. P.
12(b)(5). (Doc. 86). The Defendant's outstanding motion to dismiss for failure to
state a claim under Fed. R. Civ. P. 12(b)(6) does not provide a basis for staying
discovery. Accordingly,
IT IS ORDERED that the discovery stay imposed pursuant to the Court's
Order dated December 15, 201 7 is hereby terminated.
DATED this .2f,!day of May, 2018.
')..7 ·;.:.

r miah C. Lynch
ited States Magistrate Judge

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