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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 your opponent's motion to stay discovery

I. Definitions

Stay
a halt in a judicial proceeding where, by its order, the court will not take further action until the occurrence of some event.
STAY OF EXECUTIION: process whereby a judgment is precluded from being executed for a specific period.
EXAMPLE: An apartment dweller is found in default under his lease. He seeks a stay of execution of the eviction order until he can make new living arrangments. A stay may be granted, but not for an excessively long time.

II. Legal Citations

§I-E-4 MDD | Stays of Discovery Section VII-B MDD | 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."

III. Samples

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4logoAdobe← Withdrawn | 2007.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


IV. Templates

# Link Comments
1iconMSWordDOAH | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe").iconPriceTag
2iconMSWordUSFLMD | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe").iconPriceTag


V. Quick Commentary

  • Important Note: USFLMD disfavors discovery stays (see §I-E-4 MDD (Part I above))
    "There is no general rule that discovery be stayed while a pending motion to dismiss is resolved. United States v. Physician Surgical Network, Inc., No. 6:20-cv-1582-WWB-EJK, 2022 WL 6163122, *1 (M.D. Fla. Oct. 7, 2022). Indeed, such requests “are generally disfavored because they unreasonably delay the progress of the case and impede the Court’s ability to manage discovery.” Tech Traders, LLC v. Insuladd Env't, Ltd., No. 6:18-cv-754ORL40GJK, 2018 WL 8369219, *1 (M.D. Fla. Oct. 5, 2018). The party moving to stay discovery bears “the burden of showing good cause and reasonableness.” McCabe, 233 F.R.D. at 687"
  • Note: Motions to Stay Discovery are less common at DOAH
  • Good News: Your opponent will likely offer empty reasons ("undue burden, undue expense")
    • point these out
    • combat them by saying the objections are hollow (if indeed they are)
  • Pro Se Tip: Supply the Court with facts/information that evidence the harm a discovery stay would cause you (destroyed/expired/forgotten evidence, costly)
    • consider attaching an Affidavit
    • consider attaching corroborating Exhibits
  • Please download as many sample documents as you'd like
    • Contact TBD for more free samples
  • Also, feel free to use the templates (see Part III - above) to help draft your 'Response to Defendant's Motion to Stay Discovery'
  • Save the final version as a PDF file.
  • File it in court (or at DOAH)

VI. Conclusion

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

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

...POINTS & THINGS...

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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