Lee Brick & Tile Co. v. United States

ORDER

RUSSELL A. ELIASON, United States Magistrate.

Plaintiff Lee Brick and Tile Company, Inc. moves to compel discovery prior to being required to respond to defendant’s motion to dismiss. The defendant (government) contends such discovery is unnecessary, seeks a protective order against answering it or against further discovery and requests that plaintiff respond forthwith to the motion to dismiss. The resolution of this discovery dispute cannot be made without first taking a peek at the merits of the underlying controversy.

I. Factual Background

Plaintiff filed a refund claim for federal…