IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
November 13, 2007
BPI ENERGY, INC., ET AL., PLAINTIFFS,
IEC (MONTGOMERY), LLC, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Proud, Magistrate Judge
Before the Court is the defendants' motion to stay discovery pending ruling on the motion to dismiss the Second Amended Complaint and motion to strike certain paragraphs of the Second Amended Complaint. (Doc. 55). Defendants base their motion to stay on their confidence in the motion to dismiss and to strike, and they wish to avoid unnecessarily submitting to discovery. Defendants further opine that a stay will not alter the current trial schedule. Plaintiffs oppose a stay, generally refuting defendants' assumptions of success. (Doc. 56).
Staying discovery would undoubtedly alter the pretrial schedule and September 2008 presumptive trial month. Moreover, the success of defendants' motion to dismiss is not at all clear. Furthermore, by separate order this Court has denied defendants' motion to strike
IT IS THEREFORE ORDERED that the defendants' motion to stay (Doc. 55) is DENIED.
IT IS SO ORDERED.
CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE
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