19 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,860 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,830 times 364 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Landis v. North American Co.
299 U.S. 248 (1936) Cited 8,251 times 6 Legal Analyses
Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"
Tradebay, LLC v. eBay, Inc.
278 F.R.D. 597 (D. Nev. 2011) Cited 593 times 1 Legal Analyses
Granting a stay of discovery in part because the plaintiff did "not claim that it needs any discovery to oppose the motion to dismiss," which "raise[d] no factual issues, and [would] be decided purely on issues of law."
Little v. City of Seattle
863 F.2d 681 (9th Cir. 1988) Cited 883 times 1 Legal Analyses
Holding the district court did not abuse its discretion by staying discovery pending the resolution of one issue if discovery would not affect a decision on that issue
Turner Broadcasting System, Inc. v. Tracinda Corp.
175 F.R.D. 554 (D. Nev. 1997) Cited 367 times
Holding stay of discovery pending a resolution on a motion to dismiss appropriate if it appears that the opposing party has no chance of prevailing on the motion to dismiss
Wood v. McEwen
644 F.2d 797 (9th Cir. 1981) Cited 350 times
Holding that Plaintiff's allegation of perjury did not raise an issue of extrinsic fraud
Twin City Fire Ins. Co. v. Employers Ins. of Wausau
124 F.R.D. 652 (D. Nev. 1989) Cited 220 times
Explaining that the preliminary peek framework is used to determine whether good cause exists for an order staying discovery to be issued pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, and explaining further that it is not good cause for a stay that discovery will involve some inconvenience and expense
Wenger v. Monroe
282 F.3d 1068 (9th Cir. 2002) Cited 138 times
Holding that, in order for estoppel to be applied to the government, the government must have engaged in "affirmative misconduct going beyond mere negligence"
Mlejnecky v. Olympus Imaging America Inc.
No. 2:10-cv-02630 JAM KJN (E.D. Cal. Feb. 7, 2011) Cited 81 times
Finding a pending motion to dismiss not dispositive of the case where the Magistrate Judge anticipated that, even if the motion were granted, the District Judge would grant leave to amend.
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 94,611 times 650 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 14,974 times 47 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Henderson v. Hartford Casualty Insurance Company

19 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"

Granting a stay of discovery in part because the plaintiff did "not claim that it needs any discovery to oppose the motion to dismiss," which "raise[d] no factual issues, and [would] be decided purely on issues of law."

Holding the district court did not abuse its discretion by staying discovery pending the resolution of one issue if discovery would not affect a decision on that issue

Holding stay of discovery pending a resolution on a motion to dismiss appropriate if it appears that the opposing party has no chance of prevailing on the motion to dismiss

Holding that Plaintiff's allegation of perjury did not raise an issue of extrinsic fraud

Holding that, in order for estoppel to be applied to the government, the government must have engaged in "affirmative misconduct going beyond mere negligence"

Finding a pending motion to dismiss not dispositive of the case where the Magistrate Judge anticipated that, even if the motion were granted, the District Judge would grant leave to amend.

Adopting Fed.R.Civ.P. 37

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"