Abdiev v. Garland

Background

The government asked the court to adjourn the initial pretrial conference, scheduled for May 14, 2024, and related discovery deadlines until the court ruled on the government’s pending motion to dismiss. The government represented the government in the action. Plaintiff’s counsel consented to the request.

Request to Stay Discovery

The government relied on Rule 26(c) of the Federal Rules of Civil Procedure, which allows a court to stay, or temporarily pause, discovery for good cause. It argued that its motion to dismiss provided a strong basis for disposing of the entire action, that no party had yet sought discovery, and that proceeding with discovery would burden the government. The motion to dismiss seeks dismissal of the complaint under Rules 12(b)(1) and 12(b)(6). The government also referred to jurisdictional challenges to the mandamus claim and argued that ordinary discovery is generally not used when reviewing agency action under the Administrative Procedure Act.

Court’s Ruling

The court granted the application. Judge Dale E. Ho ordered that the May 14, 2024 initial pretrial conference be canceled and that discovery be stayed pending resolution of the motion to dismiss. The court did not rule on the motion to dismiss or decide the underlying claims. The Clerk of Court was requested to close the docket entry for the government’s request.