Robert Clark, individually and on behalf of all others similarly situated v. Whitepages, Inc., a Delaware Corporation

Summary

The United States District Court for the Western District of Washington denied Whitepages, Inc.’s motion to stay discovery in a putative class action alleging that Whitepages listed Colorado residents’ cell phone numbers without consent. The court held that Washington’s UPEPA automatic stay provision does not apply in federal court for purposes of this motion and found no good cause for an discretionary stay under the court’s inherent authority. The order was dated January 14, 2026.

Holdings

1. UPEPA's automatic stay provision does not apply in this federal diversity action because its discovery-limiting procedure conflicts with the Federal Rules of Civil Procedure.
2. A court may stay discovery in its discretion, but a stay is the exception rather than the rule when a dispositive motion is pending.
3. Defendant did not establish good cause for staying discovery, and the Motion to Stay Discovery was denied.

Questions Presented

1. Whether Washington's UPEPA automatic-stay provision applies in federal court to stay discovery.
2. Whether the court should exercise its inherent authority or issue a protective order to stay discovery pending resolution of Defendant's dispositive and related motions.
3. Whether Defendant demonstrated good cause for a discovery stay based merely on the existence of pending motions and generalized efficiency concerns.

Disposition

other