Hoopes Vineyard LLC v. County of Napa
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 HOOPES VINEYARD LLC, et al., Case No. 24-cv-06256-CRB
Plaintiffs,
ORDER DENYING MOTION FOR A
v.
PROTECTIVE ORDER TO STAY
DISCOVERY
COUNTY OF NAPA, Defendant.
Defendant Napa County seeks a protective order to stay discovery pending the resolution of its soon-to-be-filed motion attacking Plaintiffs’ first amended complaint. Mot. (dkt. 42). The court finds this matter suitable for resolution without a hearing pursuant to Local Civil Rule 7-1(b) and DENIES Napa County’s motion. The filing (or anticipated filing) of a motion to dismiss does not automatically stay discovery. Tradebay, LLC v. eBay, Inc., 278 F.R.D. 597, 600 (D. Nev. 2011). Rather, stays of discovery are governed by Federal Rule of Civil Procedure 26(c)(1), which provides that a court may issue a protective order limiting discovery “for good cause … to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.” The “party seeking a stay…