Williams v. Pitt County Board of Education et al

Filing 18

ORDER granting 13 Motion to Stay regarding 11 Order for Discovery Plan pending the court's ruling on the motion to dismiss. In the event the motion is not dispositive of this matter, within 14 days following the court's ruling, the par ties shall conduct the Rule 26(f) conference and file a proposed discovery plan. Signed by United States Magistrate Judge Robert B. Jones, Jr., on 5/29/2018. Copy sent to Henry Williams, II, 3009 McGregor Downs Rd., Apt. 103, Greenville, NC 27834 via US mail. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:18-CV-32-BR
HENRY WILLIAMS, II,
Plaintiff,
V.

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ORDER

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PITT COUNTY BOARD OF EDUCATION, et al. )
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Defendants.
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This matter comes before the court on Defendant's motion to stay discovery [D E-13] pending
resolution of its motion to dismiss [DE-7] filed on April 27, 2018. Defendant requests to stay the
following requirements: the Rule 16 initial pretrial conference; the filing of a Rule 26(f) discovery
plan; and to provide Rule 26(a) initial disclosures. Plaintiff did not respond to the motion.
Rule 26(c) of the Federal Rules of Civil Procedure authorizes a court to issue an order
limiting or staying discovery. Specifically, a court has discretion to stay discovery until pending
dispositive motions are resolved. See Yongo v. Nationwide Affinity Ins. Co. ofAm., No. 5:07-CV-94D, 2008 WL 516744, at *2 (E.D.N.C.,Feb. 25, 2008). In certain cases, a stay of discovery may be
appropriate to prevent a waste of time and resources by the parties and to make efficient use of
judicial resources. United States v. A. T Massey Coal Co., No. 2:07-0299, 2007 WL 3051449, at *2
(S.D. W. Va. Oct. 18, 2007). "Factors favoring issuance of a stay include the potential for the
dispositive motion to terminate all the claims in the case or all the claims against particular
defendants, strong support for the dispositive motion on the merits, and irrelevancy of the discovery
at issue to the dispositive motion." Yongo, 2008 WL 516744, at *2 (quoting Tilley v. United States,

270 F. Supp. 2d 731, 735 (M.D.N.C. 2003)).
Here, Defendant has demonstrated each of the relevant factors. Accordingly, for good cause
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shown, the motion to stay the Rule 16 initial pretrial conference, the filing of a Rule 26(f) discovery
plan, and to provide Rule 26(a) initial disclosures, is allowed pending the court's ruling on the
motion to dismiss. In the event the motion is not dispositive of this matter, within 14 days following
the court's ruling, the parties shall conduct the Rule 26(f) conference and file a proposed discovery
plan.
SO ORDERED, the~ day of May, 2018.

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