DOUGLAS et al v. LALUMIERE et al

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JOEL DOUGLAS, et al., )
)
Plaintiffs )
)
v. ) 2:20-cv-00227-JDL
)
SCOTT LALUMIERE, et al., )
)
Defendants )
ORDER ON PLAINTIFFS’ MOTION FOR LIMITED DISCOVERY
This matter is before the Court on Plaintiffs’ motion for leave to conduct limited
discovery regarding their claims against Defendant Russell Oakes. (Motion for Limited
Discovery, ECF No. 228.) Plaintiffs filed their motion after Defendant Oakes moved to
dismiss Plaintiffs’ amended complaint. (Motion, ECF No. 223.) Citing New England Data
Services, Inc. v. Becher, 829 F.2d 286, 290 (1st Cir. 1987), Plaintiffs seek leave to conduct
discovery to the extent necessary to satisfy the requirements of Federal Rule of Civil
Procedure 9(b) before the Court considers Defendant’s motion to dismiss.
Plaintiffs previously filed motions to conduct limited discovery in response to
motions to dismiss filed by other defendants in this matter. (Motions for Limited
Discovery, ECF Nos. 46, 103, 107, 113, 129, 136, 143, 145, 165, 202 and 215.) The Court
denied without prejudice Plaintiffs’ prior motions, concluding that “Plaintiffs’ requests to
conduct discovery are more appropriately evaluated when the Court, as part of its
assessment of Defendants’ motions to dismiss, determines whether Rule 9(b) has been
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satisfied and whether Plaintiffs have otherwise stated an actionable claim.” (Order at 3
ECF No. 156, Order at 2, ECF No. 213, Order at 2, ECF No. 220.)
Here, for the same reasons discussed in its orders of January 21, 2021, (ECF No.
156), April 6, 2021, (ECF No. 213), and May 20, 2021, (ECF No. 220), the Court denies
Plaintiffs’ motion without prejudice. The Court will consider Plaintiffs’ request as part of
the Court’s assessment of Defendant’s pending motion to dismiss.1
NOTICE
Any objections to this Order shall be filed in accordance with Federal Rule of Civil
Procedure 72.
/s/ John C. Nivison
U.S. Magistrate Judge
Dated this 2nd day of August, 2021.
1 Plaintiffs requested leave to conduct discovery in their response to the motion to dismiss. (Response at
16, ECF No. 227.)
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