Lithgow v. Edelmann

RULING ON MOTION FOR PROTECTIVE ORDER

THOMAS P. SMITH, United States Magistrate Judge.

The defendant/counterclaim plaintiff, Christopher M. Edelmann, M.D., P.C., moves for a protective order to prevent the scheduling of further depositions and to stay all discovery pending a ruling on an anticipated motion to dismiss for lack of subject matter jurisdiction. (Dkts. ## 59, 63). For the reasons set forth below, the defendant’s motion is DENIED.

I. Background

This is a contract dispute action brought pursuant to diversity jurisdiction. The plaintiff/eounterclaim defendant, Sandra Lithgow, alleges…