Sparta Insurance Company v. Carrillo et al

Filing 47

ORDER FINDING GOOD CAUSE TO DELAY ENTRY OF RULE 16 SCHEDULING ORDER & STAYING DISCOVERY by Magistrate Judge Kevin R. Sweazea. (cbf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

SPARTA INSURANCE COMPANY,

Plaintiff,
No. 2:17-cv-00604-BRB-KRS
v.
RICHARD CARRILLO, COPPER
SOLUTIONS AND SERVICES, LLC;
CECILIO DURAN MEDINA; and
GEORGE C. ALDERETE,
Defendants.

ORDER FINDING GOOD CAUSE TO DELAY ENTRY OF
RULE 16 SCHEDULING ORDER AND STAYING DISCOVERY
THIS MATTER comes before the Court following a telephonic status conference held
on November 16, 2017. During the conference, the parties and the Court discussed the Court’s
obligation to enter a scheduling order under Federal Rule of Civil Procedure 16 or find good
cause to delay entry of such an order. See Fed. R. Civ. P. 16(b)(2) (requiring the Court to “issue
the scheduling order as soon as is practicable, but unless the judge finds good cause for delay,
the judge must issue it within the earlier of 90 days after any defendant has been served with the
complaint or 60 days after any defendant has appeared”). After hearing from the parties and in
light of the two pending motions to dismiss, the Court found good cause to delay entering a
scheduling order and granted the parties’ oral motion to stay discovery pending resolution of the
motions.
IT IS, THEREFORE, ORDERED that good cause exists to delay entering a Rule 16
scheduling order for the reasons stated on the record. The Court shall not issue a scheduling
order until resolution of the pending dispositive motions.

IT IS FURTHER ORDERED the parties’ oral motion to stay discovery is GRANTED
and discovery in this matter is STAYED pending resolution of the two motions to dismiss.

___________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE