Ricketts v. Logics, LLC et al

Filing 51

ORDER granting 49 Motion to Stay Discovery. Within 14 days following the court's ruling on the motion to dismiss the parties shall resume discovery. Signed by Chief Judge James C. Dever III on 12/28/2016. (Briggeman, N.)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION LACHANTAL W. RICKETTS, Plaintiff, V. LOGICS, LLC, d/b/a LOGICS SOLUTIONS Defendants. ) ) ) ) ) ) ) ) ) ) Case No: 5:15-CV-293-D ORDER TO STAY DISCOVERY This matter comes before the court on the Motion to Stay Discovery filed jointly by PlaintiffLachantal Ricketts and Defendant Logics, LLC., d/b/a Logics Solutions, pending resolution ofDefendant's Motion to Dismiss, filed on September 30, 2016, and the consideration ofDefendant's Memorandum of Law in Support ofMotion to Dismiss and Plaintiffs Memorandum of Law in Opposition to Defendant's Motion to Dismiss by the Court. 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 the court's resolution ofpending dispositive motions. See Yongo v. Nationwide Affinity Ins. Co. of Am., No. 5:07-CV-94-D, 2008 WL 516744, at *2 (E.D.N.C. Feb. 25, 2008) (unpublished); Tilley v. United States, 270 F. Supp. 2d 731, 734 (M.D.N.C. 2003). 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 Oct. 18, 2007) (unpublished). Accordingly, (1) the deadlines set forth in the existing discovery plan regarding this . . matter should be STAYED pending the court's ruling on Defendants' motion to dismiss; and (2) within 14 days following the court's ruling on the motion to dismiss the parties shall resume discovery. \- SO ORDERED. This :Z_B_ day of December 2016.

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