Bates v. City Of San Jose

Good Law
United States District Court, Northern District of CaliforniaMarch 11, 20215:20-cv-07609California470 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 FREDERICK BATES, Case No. 20-cv-07609-BLF

Plaintiff,

ORDER STAYING DISCOVERY

v.

CITY OF SAN JOSE, et al., Defendants.

12 At the March 11, 2021 case management conference, Defendants requested a stay of discovery until 30 days after this Court rules on the pending motion to dismiss. Plaintiff indicated that he does not oppose this request. A district court has “wide discretion in controlling discovery,” Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir. 1988), and that discretion extends to staying discovery upon a showing of “good cause,” see Fed. R. Civ. P. 26(c)(1)(A). Courts in this district have applied a two-pronged test to determine whether discovery should be stayed pending resolution of a dispositive motion. See, e.g., Gibbs v. Carson, No. C-13-0860, 2014 WL172187, at *3 (N.D. Cal. Jan. 15, 2014); Hamilton v. Rhoads, No. C 11-0227 RMW (PR), 2011 WL 5085504, at *1 (N.D. Cal. Oct. 25,…

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