Bordonaro v. Johnston County Board of Education

Filing 18

ORDER granting 16 Motion to Stay all discovery in this case including the convening of a Fed.R.Civ.P. Rule 26(f) conference and filing of a discovery plan, is STAYED pending entry of the order disposing of the motion to dismiss. The parties shall file a discovery plan within 14 days after such entry if at the time one or more claims remain in this court. Signed by US Magistrate Judge James E. Gates on 2/7/2013. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
5: 12-CV-683-BO
PATRICIA BORDONARO,
Plaintiff,
v.
JOHNSTON COUNTY BOARD OF
EDUCATION,
Defendant.

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ORDER

Before the court is the motion (D.E. 16) by defendant Johnston County Board of
Education ("defendant") to stay discovery pending resolution of its motion to dismiss (D.E. 11)
for lack of jurisdiction and failure to state a claim. Defendant contends that resolution of the
dismissal motion may obviate certain discovery and that deferral of discovery until after such
resolution would preserve the court's and the parties' time and other resources. Plaintiff Patricia
Bordonaro consents to the relief requested.
The court finds that defendant has shown good cause for the stay requested. The motion
to stay is therefore ALLOWED, and all discovery in this case, including the convening of a Fed.
R. Civ. P. Rule 26(f) conference and filing of a discovery plan, is STAYED pending entry ofthe
order disposing of the motion to dismiss. The parties shall file a discovery plan within 14 days
after such entry if at the time one or more claims remain in this court.
SO ORDERED, this the/ day of February 2013.

United States Magistrate Judge