Wang v. Verizon Communications Inc.

Background

The defendants submitted a request for clarification concerning the case’s scheduling order. The court had previously stayed discovery concerning 25 defendants while a motion to dismiss was pending, while allowing discovery concerning Verizon New England Inc. to continue. On October 8, 2020, the court granted the defendants’ motion to dismiss the First Amended Complaint as to all claims and all defendants, including Verizon New England Inc., and gave Wang 30 days to file an amended complaint. On October 27, 2020, the court extended that deadline to December 21, 2020. The opinion states that no operative complaint was then on file.

Defendants’ Request

The defendants argued that the existing discovery and litigation deadlines could not operate while Wang had time to file another amended complaint. They requested that the scheduling order be vacated in its entirety, that all discovery be stayed, that pending discovery between Wang and Verizon New England Inc. be treated as withdrawn, and that the court later issue a new scheduling order after the pleadings were settled.

Ruling

Judge Robert W. Lehrburger ordered that “[a]ll discovery and ensuing deadlines are stayed pending filing of an amended complaint.” The court further ordered that, within 30 days after an amended complaint was filed, if one was filed, the parties must submit a joint proposed order. The order does not separately state that the scheduling order was vacated in its entirety, that pending discovery was withdrawn, or that a new scheduling order was entered at that time. This was a procedural order about discovery and scheduling, not a decision on the underlying claims.