Mt. Hawley Insurance Company v. GJM Engineering, Inc.

Background

Mt. Hawley Insurance Company, the plaintiff and counter-defendant, and GJM Engineering, Inc., the defendant and counter-plaintiff, jointly requested a stay of discovery. The stay would remain in place while the court considers the parties’ respective motions for judgment on the pleadings. Those motions seek a determination of Mt. Hawley’s coverage obligations in connection with an underlying lawsuit identified in the letter as GH Palmer, Inc., et al. v. Aquatherm, L.P., et al., pending in the Los Angeles County, California Superior Court.

The parties stated that the duty to defend could be decided from the pleadings without discovery. They also said they preferred to let discovery proceed in the underlying lawsuit because it might produce documents and information relevant to this case. According to the parties, discovery in that underlying lawsuit was in its early stages and was not yet available for use here. They jointly argued that conducting discovery in this case immediately could be unnecessary and wasteful.

Ruling

The court granted the parties’ joint request to stay discovery pending a ruling on their respective motions for judgment on the pleadings. The order states that the request was granted on consent, meaning neither party opposed it. If the court’s ruling does not close the case, the parties must file a joint letter no later than seven days after that ruling identifying any discovery they believe is necessary and proposing a discovery schedule. The opinion text presents the discovery-stay order as issued by Magistrate Judge Stewart D. Aaron, while the supplied case metadata identifies Vernon Broderick as the judge.