Quinn v. Austin

Filing 25

ORDER granting Defendant's 23 Motion for Extension of Time. The FRCP 26(f) Conference Deadline is 3/1/2024, Initial Disclosure Deadline is 3/18/2024, and the Combined Joint Status Report and DiscoveryPlan is due by 3/2/2024. Signed by Judge James L. Robart. (SS)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 CASE NO. C23-0665JLR DION QUINN, 10 Plaintiff, 11 ORDER v. 12 LLOYD J. AUSTIN, III, 13 Defendant. 14 15 Before the court is Defendant Lloyd J. Austin, III’s motion for an extension of the 16 of the initial scheduling deadlines. (Mot. (Dkt. # 23).) In particular, Defendant seeks a 17 stay of discovery pending the court’s ruling on Defendant’s forthcoming motion to 18 dismiss. (Id. at 1.) Although Plaintiff Dion Quinn declined to stipulate to an extension 19 (id. at 2), he does not oppose Defendant’s motion (see generally Dkt.). The court has 20 considered Defendant’s submission, the relevant portions of the record, and the 21 governing law. Being fully advised, the court GRANTS Defendant’s motion. 22 // ORDER - 1 1 Pursuant to the court’s October 13, 2023 order, the Rule 26(f) conference deadline 2 was October 27, 2023, and the parties’ initial disclosures deadline is November 13, 2023. 3 (10/13/23 Order (Dkt. # 21) at 1.) However, “district courts, upon a showing of ‘good 4 cause,’ have broad discretion in determining whether to stay discovery pending the 5 resolution of a potentially dispositive motion.” Zeiger v. Hotel Cal. by the Sea LLC, No. 6 C21-1702TL-SKV, 2022 WL 1499670, at *2 (W.D. Wash. May 12, 2022) (citing Jarvis 7 v. Regan, 833 F.2d 149, 155 (9th Cir. 1987)); see also Little v. City of Seattle, 863 F.2d 8 681, 685 (9th Cir. 1988). When the court is considering whether to stay discovery based 9 on a potentially dispositive motion, good cause is determined through a two-part test. 10 Ahern Rentals Inc. v. Mendenhall, No. C20-0542JCC, 2020 WL 8678084, at *1 (W.D. 11 Wash. July 9, 2020). “First, the pending motion must be potentially dispositive of the 12 entire case, or at least on the issue to which discovery is directed. Second, the court must 13 determine if the pending dispositive motion can be decided without additional 14 discovery.” Id. (citing Panola Land Buyer’s Ass’n v. Shuman, 762 F.2d 1550, 1560 (11th 15 Cir. 1985)). 16 Defendant has shown good cause to issue a stay of discovery. First, Defendant 17 asserts that the “motion to dismiss will challenge two key deficiencies—subject matter 18 jurisdiction and venue—one of which has potential to dispose of the case in its entirety, 19 and the other, to potentially transfer the case to a different judicial district.” (Mot. at 3); 20 see also Ahern, 2020 WL 8678084, at *1 (“[A] challenge to venue is a ‘common 21 example’ of a situation warranting a stay of discovery.” (quoting Twin City Fire Ins. Co. 22 v. Emps. Ins. of Wausau, 124 F.R.D. 652, 653 (D. Nev. 1989))). Second, Defendant ORDER - 2 1 argues that a ruling on its motion to dismiss will not require additional discovery because 2 “the totality of the issues to be raised via motion can be resolved through review of the 3 operative complaint and/or his EEO materials (over which this [c]ourt may take judicial 4 notice).” (Mot. at 3); see also Lacayo v. Donahoe, No. 14-cv-04077-JSC, 2015 WL 5 993448, at *9 (N.D. Cal. Mar. 4, 2015) (“[I]t is well established that courts may consider 6 the administrative record of a plaintiff’s claims before the EEOC as judicially noticeable 7 matters of public record.”). The court also considers Mr. Quinn’s failure to respond to 8 Defendant’s motion as an admission that it has merit. Local Rules W.D. Wash. LCR 9 7(b)(2). Accordingly, Defendant has established that there is good cause to issue a stay 10 of discovery pending the forthcoming motion to dismiss. For the foregoing reasons, the court GRANTS Defendant’s motion (Dkt. # 23). 11 12 The court expects that Defendant will timely file the motion to dismiss by November 14, 13 2023. The new initial scheduling deadlines are as follows: 14 Deadline for FRCP 26(f) Conference: 3/1/2024 15 Initial Disclosures Pursuant to FRCP 26(a)(1): 3/18/2024 16 Combined Joint Status Report and Discovery Plan as Required by FRCP 26(f) and Local Civil Rule 26(f): 3/22/2024 17 The deadlines above may be extended only by order of the court. Any request for 18 19 an extension should be made by filing a motion or stipulated motion pursuant to Local 20 Civil Rule 7(j). The parties are directed to meet and to confer before requesting an 21 extension. 22 // ORDER - 3 1 Dated this 13th day of November, 2023. A 2 _________________________________ JAMES L. ROBART United States District Judge 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?