Garrison Property and Casualty Company v. Turnage

• Court: District Court, D. Arizona
• Decided: September 17, 2021
• Docket: 2:20-cv-01730
• Status: Unknown

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Garrison Property and Casualty Company, No. CV-20-01730-PHX-JJT

10 Plaintiff, ORDER

11 v.

12 Cassandra Turnage, et al.,

13 Defendants. 14 15 At issue is the Stipulated Request to Extend Remaining Discovery Deadlines (Doc. 16 43). This is the parties’ second such request. As a courtesy, the Court entered an Order 17 (Doc. 42) granting the parties’ first request (Doc. 41) and extending the deadlines set forth 18 in the Scheduling Order (Doc. 27) by two months. The parties are again requesting a two- 19 month delay to the case management schedule while awaiting the Court’s resolution of the 20 pending motions for judgment on the pleadings, because “the parties will know what the 21 Court views as the issues for discovery if the Court does not grant either of the pending 22 Cross Motions.” (Doc. 43.) 23 The parties’ cross motions are dispositive, that is, if the Court grants any of them, 24 the case is over. But if the Court declines to grant them, the case goes forward. The Court 25 thus will not so much determine the issues for discovery—which are all intertwined—as 26 resolve whether this case contains a valid legal claim. 27 Filing a dispositive motion does not stay discovery. While parties to a lawsuit may 28 by motion request a stay to discovery pending the Court’s ruling on a dispositive motion— 1 || at which point the Court examines a number of factors to determine if a stay is appropriate, 2|| see, e.g., Ministerio Roca Solida v. U.S. Dep’t of Fish & Wildlife, 288 F.R.D. 500, 502-504 (D. Nev. 2013)—no party here requested such a stay. The parties have therefore had at least since the entry of the Scheduling Order on January 28, 2021, to conduct discovery in 5 || good faith. 6 As a result, the parties have not shown good cause for a further delay in the case || management schedule. This is particularly true in light of the fact that, concurrent with this 8 || Order, the Court will enter an Order resolving the parties’ cross motions for judgment on the pleadings. 10 IT IS THEREFORE ORDERED denying the Stipulated Request to Extend |} Remaining Discovery Deadlines (Doc. 43). The present Scheduling Order (Doc. 27 as □□ amended by Doc. 42) remains in effect. 13 Dated this 17th day of September, 2021. 14 gop i 16 Hongrable Jofix J Tuchi 7 Unifga StatesDistrict Judge 18 19 20 21 22 23 24 25 26 27 28

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