Summary

This dispute arises out of a garnishment action. The district court allowed discovery to proceed against the garnishee, BB Energy, without ruling on BB Energy's motion to dismiss, which argued that the garnishment action is barred by sovereign immunity. BB Energy has moved to stay discovery. Because the district court may permit limited discovery to determine its jurisdiction (i.e., whether the action is barred by sovereign immunity), we deny the stay and instruct the district court to limit discovery to only the sovereign immunity issue.