United States District Court, M.D. Louisiana
RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE.
the Court is Defendants Trans Union LLC (“Trans
Union”) and Experian Information Solutions, Inc.'s
(“Experian”) Motion for Protective Order and
Motion to Stay (“CRAs' Motion to Stay”). (R.
Doc. 16). Also before the Court is Defendant Regions
Bank's (“Regions”) Motion to Quash Notices of
Deposition, for Protective Order, to Stay Discovery, and for
Expedited Consideration (“Regions' Motion to
Stay”). (R. Doc. 19). Plaintiff has filed a single
opposition addressing both motions. (R. Doc. 25). Trans Union
and Experian have filed a Reply. (R. Doc. 32). Regions has
filed a Reply. (R. Doc. 28).
August 24, 2018, Chirag Patel (“Plaintiff”)
commenced this action alleging that the defendants violated
the Fair Credit Billing Act, the Fair Credit Reporting Act,
and the Telephone Consumer Protection Act by failing to
investigate disputed charges to his stolen Regions Bank
credit card. (R. Doc. 1).
October 9, 2018, Regions filed a motion to compel arbitration
and stay Plaintiff's claims against Regions pending
resolution of the arbitration proceedings
(“Regions' Motion to Compel Arbitration”).
(R. Doc. 15). The motion is pending before the district
October 11, 2018, Plaintiff noticed the individual deposition
of Roger Orr, a fraud investigator with Regions, and the Rule
30(b)(6) deposition of Regions. (R. Doc. 19-2 at 1-7).
October 17, 2018, Trans Union and Experian filed their Motion
to Stay, which seeks an order staying all discovery pending a
ruling on Regions' Motion to Compel Arbitration and, if
such motion is granted, the outcome of the arbitration. (R.
October 22, 2018, Regions filed its Motion to Stay, which
seeks an order quashing the deposition notice and staying all
discovery against Regions until the resolution of
Regions' Motion to Compel Arbitration. (R. Doc. 19).
October 23, 2018, the undersigned stayed all discovery in
this action pending resolution of the foregoing Motions to
Stay (R. Doc. 20) and cancelled the scheduling conference (R.
October 24, 2018, Plaintiff filed a motion to compel Trans
Union and Experian to participate in any arbitration
proceeding that Plaintiff is compelled to participate in with
Regions (“Plaintiff's Motion to Compel
Arbitration”). (R. Doc. 24).
Law and Analysis
26(c) allows the Court to issue a protective order after a
showing of good cause “to protect a party or person
from annoyance, embarrassment, oppression, or undue burden or
expense.” Fed.R.Civ.P. 26(c)(1). Rule 26(c)'s
“good cause” requirement indicates that the party
seeking a protective order has the burden “to show the
necessity of its issuance, which contemplates a particular
and specific demonstration of fact as distinguished from
stereotyped and conclusory statements.” In re Terra
Int'l, Inc., 134 F.3d 302, 306 (5th Cir. 1998)
(quoting United States v. Garrett, 571 F.2d 1323,
1326 n. 3 (5th Cir. 1978)). “A trial court has broad
discretion and inherent power to stay discovery until
preliminary questions that may dispose of the case are
determined.” Petrus v. Bowen, 833 F.2d 581,
583 (5th Cir. 1987); see also Landry v. Air Line Pilots
Ass'n Int'l AFL-CIO, 901 F.2d 404, 436 n.114
(5th Cir. 1990) (“Trial courts possess broad discretion
to supervise discovery.”) (citation omitted).
considered the arguments of the parties, the Court finds good
cause to continue its stay of discovery until the resolution
of the pending Motions to Compel Arbitration. (R. Docs. 15,
raises no substantive arguments in support of a finding that
he should be allowed to conduct discovery with respect to
Regions prior to resolution of the Regions' Motion to
Compel Arbitration. At the heart of Plaintiff's
opposition to the instant Motions to Stay is his argument
that he should be allowed to conduct
“arbitration-related” discovery regarding whether
Trans Union and Experian must participate in any
court-ordered arbitration between Plaintiff and Regions. Such
discovery has no bearing on whether any arbitration between
Plaintiff and Regions must proceed. Allowing Plaintiff to
conduct discovery with respect to Regions prior to a
determination of whether Plaintiffs and ...