Malone et al v. Kantner Ingredients, Inc. et al

Filing 158

ORDER denying 157 Motion to lift the discovery stay. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
THERESA MALONE, individually and as
a derivative action on behalf of Blue Valley
Foods, Inc., a Nebraska corporation; et. al;

4:12CV3190

Plaintiffs,
MEMORANDUM AND ORDER
vs.
KANTNER INGREDIENTS, INC., et. al;
Defendants.
The plaintiffs have moved to lift the discovery stay (Filing No. 157), arguing that
the pending motions to dismiss will not fully resolve this case and therefore discovery
should proceed. While the court agrees that discovery will proceed as to any issues and
claims which survive the three pending motions to dismiss (Filing Nos. 125, 126, and
150), the permissible scope of discovery will be defined by Judge Gerrard’s rulings.
Those rulings will become the law of the case, provide the basis for my rulings on the
pending motions to compel (Filing Nos. 117, and 139) and motion for protective order
(Filing No. 137), and set the parameters for the parties’ discovery going forward.

Accordingly,

IT IS ORDERED that the plaintiffs’ motion to lift the discovery stay, (Filing No.
157), is denied.

March 29, 2014.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge