Response to Motion to Stay Discovery
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 stay discovery |
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
| # | Comments | |
|---|---|---|
| 1 |  | TBD 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| 4 | | ← Withdrawn. 2007.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. |
| 6 | | X 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 |
|---|---|---|
| 1 |  | DOAH | Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe"). |
| 2 | | USFLMD | Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe"). |
IV. Quick Commentary
- Important Note: USFLMD disfavors discovery stays (see §I-E-4 MDD (Part I above))
- Note: Motions to Stay Discovery are less common at DOAH
- Reason: DOAH aims to close all of its cases within 120 days (federal/state courts usually take more than 360 days).
- 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)
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.
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
