Mortgage Electronic Registration Systems, Inc. v. Koeppel
- Edward Davila
- 5:18-cv-03443
- U.S. District Court · Northern District of California
- 1
In Mortgage Electronic Registration Systems v. Koeppel, Judge Davila granted a motion staying discovery while dispositive motions were pending.
The parties to the case were affected because the court stayed discovery while the pending motions were being considered.
What happened
In Mortgage Electronic Registration Systems, Inc. v. Koeppel, the plaintiffs asked the court to pause discovery until it ruled on their pending motion for judgment on the pleadings and motion to dismiss a third-party complaint. The Koeppels opposed the request.
The court found that the pending motions could resolve the case and could be decided without additional discovery. It therefore stayed discovery while those motions remained pending.
The court granted the ex parte motion for a protective order, and Judge Davila said the court could consider a request to extend discovery after ruling on the pending motions if appropriate.
The detailed version
- Mortgage Electronic Registration Systems, Inc. v. Koeppel · No. 5:18-cv-03443
- Edward Davila
- Oct. 7, 2019
Background
Mortgage Electronic Registration Systems, Inc., Nationstar Mortgage LLC, U.S. Bank, N.A., and Wells Fargo, N.A. moved for a protective order staying discovery. They asked the court to pause discovery while it considered a pending motion for judgment on the pleadings and a motion to dismiss the third-party complaint. Those motions were scheduled for a hearing on October 17, 2019. The Koeppels opposed the motion.
Court’s reasoning
The court stated that a district court has broad discretion to stay discovery while a dispositive motion is pending. It found that the pending motions were case-dispositive and could be resolved without further discovery.
Ruling
The court granted the ex parte motion for a protective order and stayed discovery pending its ruling on the pending motions. The court also stated that, if appropriate, it would consider a motion to extend discovery after ruling on those motions.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.