08-3187 Volume Appendix15.pdf - Medical Supply Chain

discretion of court. As a practical matter, this calls for a case-by-case determination. Upon
reviewing the record in this case, the court concludes that a stay of all proceedings is
warranted. Defendants’ motion to dismiss is based on the facts as plead in plaintiff’s
complaint, so the facts sought through discovery will not affect the resolution of that motion.
In the event U.S. District Judge Carlos Murguia grants the motion to dismiss, the discovery
sought would be wasteful and burdensome. Most notably, while not presuming to predict
whether Judge Murguia will grant the motion to dismiss, it appears from the undersigned
magistrate judge’s review of the briefs filed in connection with motion to dismiss that
defendants may very well prevail.
In opposition to defendants’ motion, plaintiff oddly cites the incorrect standard for
the court’s decision to stay discovery, and then proceeds to make an argument that makes
little sense to the court. In any event, it is clear to the court that a stay is appropriate in this
case.
In consideration of the foregoing,
IT IS HEREBY ORDERED:
1. Defendants’ motion to stay all discovery and other pretrial proceedings
pending resolution of their separate motion to dismiss (doc. 15) is granted.
2. A copy of this order shall be served upon all counsel of record and all
unrepresented parties. The scheduling conference that was set for October 31,
2003 is cancelled.
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08-3187 Medical Supply Chain vs. Neoforma Volume XV 5911