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How-To: Respond to a Motion to Stay Discovery


Background: You began discovery after the defendant moved for dismissal
Problem: The defendant asked the Court to put a halt to your discovery efforts
Solution: You ask the Court to deny that party's motion to quash

I. Legal Citations

§I-E-4 MDD | Stays of Discovery
"Normally, the pendency of a motion to dismiss or a motion for summary judgment will not justify a unilateral motion to stay discovery pending resolution of the dispositive motion. Such motions for stay are rarely granted. However, unusual circumstances may justify a stay of discovery in a particular case upon a specific showing of prejudice or undue burden. This policy also applies to cases referred to arbitration or mediation under the Local Rules." Section VII-B Middle District Discovery | Effect of Filing a Motion for a Protective Order
"Upon receipt of a motion for a protective order, the Court may issue a temporary stay of discovery pending resolution of the motion. However, a party’s diligence in seeking relief is a principal factor in the decision whether to grant a stay."

II. Samples

# PDF Comments
1TBD case. Pro Se Filing. USFLMD. Misleading. Unmeritorious. Unsubstantiated. Harmful.
2¿ Unknown Result ? 2007. USNYWD. Attorney Filing. "First-File" Rule.
3✓ ✓ Stay Denied! 2007. USNYWD. Attorney Filing. Habeas Proceeding. Good Citations
4← Withdrawn. 2007. USNYWD. Attorney Filing. Habeas Corpus. Good Quote from US Supreme Court.
5✓ ✓ Stay Denied! 2007. USNYWD. Attorney Filing. Patent Reexamination. Great Citations.
6X Stay Granted. 2007. USNYWD. Attorney Filing.
7¿ Unknown Result ? 2007. USNYWD. Attorney Filing. Classic Response.
8✓ ✓ Stay Denied! 2007. USNYWD. Attorney Filing. Dilatory Tactic. Good Citations.
9¿ Unknown Result ? 2001. DOAH. Attorney Filing. Relocation Guidelines.
10¿ Unknown Result ? 2007. DOAH. Attorney Filing. Simple & Quick. Civil Rights
11¿ Unknown Result ? 2006. DOAH. Attorney Filing. Fee Entitlement.
12¿ Unknown Result ? 2007. DOAH. Attorney Filing. Stay Pending Appeal.
13✓ ✓ Stay Denied! 2007. DOAH. Attorney Filing. Summary Final Order. Different Standard.
14✓ ✓ Stay Denied! 2012. 5DCA. Attorney Filing. Irremedial Harm. Good Citations

III. Templates

# Word Comments
1DOAH | Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe").
2USFLMD | Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe").

IV. Quick Commentary

V. Conclusion

Motions for Discovery Stays can impair your case (delay evidence, harm efforts to get salient testimony). Therefore, learn how to overcome this obstacle.

Hopefully, the samples and templates listed on this page can guide you along.

Congratulations! You're now booked up on how to Respond to a Motion to Stay Discovery!

Please get the justice you deserve.

Sincerely,



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