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.
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
II. Legal Citations
III. Samples
# | Comments | ₧ | |
---|---|---|---|
1 | ![]() | ± Lifted after Granted | TBD case. Pro Se Filing. USFLMD. Misleading. 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4 | ![]() | ← Withdrawn | 2007.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 | ![]() |
IV. Templates
# | Link | Comments | ₧ |
---|---|---|---|
1 | ![]() | DOAH | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe"). | ![]() |
2 | ![]() | USFLMD | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe"). | ![]() |
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
- 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)
VI. Conclusion
Hopefully, the samples and templates listed on this page can guide you along.
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com