The motion was only to stay discovery until AFTER the judge had ruled whether or not Berg has standing to bring the case to court in the first place.
At this point, the judge still hasn't ruled on Berg's standing. And if the rulings in the two cases brought against McCain are any indication, he doesn't.
And if he's found not to have standing, then discovery is a rather moot point.
I wouldn't expect the McCain people to do something like that. Bob Barr?