Weiss

Weiss v. Perez

Good Law
United States District Court, Northern District of CaliforniaMarch 1, 20225:22-cv-00641California654 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 ELIZABETH WEISS, Case No. 22-cv-00641-BLF

Plaintiff,

ORDER DENYING MOTION FOR

v. EXPEDITED DISCOVERY

STEPHEN PEREZ, et al., [Re: ECF No. 27] Defendants.

12 Before the Court is Plaintiff Elizabeth Weiss’ motion for expedited discovery. ECF No. 27 (“Mot.”). Defendants, all San Jose State administrators, oppose the motion on several grounds. ECF No. 40 (“Opp.”). Defendants contend that discovery is not warranted (1) until the Court rules on their motion to dismiss (which they say should be granted without leave to amend, negating the need for discovery); (2) because Weiss’ alleged irreparable injury—inability to access the Native American remains after their upcoming repatriation—is of her own doing due to her delay in pursuing the relief sought in this lawsuit; and (3) because the discovery Weiss seeks is unduly burdensome and expensive in the short period of time before…

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