In re Wells Fargo Mortgage Modification Litigation

Background

Defendant Wells Fargo Bank, N.A. moved to stay discovery, or alternatively to stay class discovery, pending resolution of its motion to dismiss. The motion to stay was filed on September 5, 2025. Plaintiffs opposed the motion, and Wells Fargo replied.

Court’s analysis

The court explained that district courts have broad discretion to control discovery. Under the test applied in the district, discovery may be stayed while a dispositive motion—a motion that could resolve the case or an issue in it—is pending when the motion could dispose of the entire case or the issue targeted by discovery, and the motion can be decided without additional discovery.

The court found that Wells Fargo’s motion to dismiss was potentially dispositive because it addressed every claim in the operative complaint. The possibility that plaintiffs might receive permission to amend a deficient claim did not change that conclusion. The court also found that no discovery was necessary because the motion to dismiss had been fully briefed.

Ruling

The court granted Wells Fargo’s motion to stay. Discovery was stayed pending resolution of the motion to dismiss. The court also vacated the hearing scheduled for October 31, 2025. The opinion did not decide the motion to dismiss itself.