Thorne v. Capital Music Gear LLC

Background

The court’s March 22, 2023, case-management and scheduling order required the parties to complete fact discovery by July 27, 2023. On May 12, 2023, the parties filed a joint stipulation proposing a briefing schedule for Capital Music Gear, LLC’s anticipated motion to dismiss the amended complaint. The stipulation also stated that the parties agreed to pause discovery while the motion was pending. On May 16, 2023, the court approved the stipulation except for the proposed discovery pause, which it struck.

On May 30, 2023, Capital Music Gear filed its motion to dismiss and a separate letter motion seeking a stay of discovery. The court noted that a motion to dismiss does not automatically pause discovery and that courts generally consider the apparent strength of the motion, the scope and burden of discovery, and possible unfair prejudice when deciding whether to stay discovery.

Ruling

The court ordered Braulio Thorne to file his opposition to the motion to dismiss by June 23, 2023, and ordered Capital Music Gear to file its reply by June 30, 2023. Considering the circumstances described in Capital Music Gear’s letter and the strength of its motion, the court granted Capital Music Gear’s request for a stay of discovery. The court also ordered that all deadlines in the case-management and scheduling order were adjourned without a new date. This order did not decide the motion to dismiss itself.