DiGiovanni v. Ergoteles LLC

Filing 9

ORDER It is hereby ORDERED that the initial pretrial conference and the obligation to take discovery is ADJOURNED pending resolution of Defendant's anticipated motion to dismiss. SO ORDERED. (Signed by Judge Dale E. Ho on 5/9/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
LISA DIGIOVANNI,
Plaintiff,
24 Civ. 1804 (DEH)

v.

ORDER

ERGOTELES LLC,
Defendant.

DALE E. HO, United States District Judge:
Defendant’s deadline to answer, move, or otherwise respond to the Complaint is May 13,
2024. See ECF No. 6. An order issued March 14, 2024, scheduled an initial pretrial conference
for May 15, 2024, and directed the parties to file certain materials in advance of the conference.
See ECF No. 5. On May 8, 2024, the parties filed these materials. See ECF Nos. 7, 8. In their
joint proposed case management plan, the parties propose that discovery be stayed pending
resolution of an anticipated motion to dismiss. See ECF No. 7. Although the pendency of a
motion to dismiss does not ordinarily provide cause to stay discovery, the parties’ joint
submission indicates that Plaintiff consents to a stay pending resolution of the motion.
It is hereby ORDERED that the initial pretrial conference and the obligation to take
discovery is ADJOURNED pending resolution of Defendant’s anticipated motion to dismiss.
SO ORDERED.
Dated: May 9, 2024
New York, New York

DALE E. HO
United States District Judge