Opinion
02 Civ. 3823 (LAK)
July 1, 2002
ORDER
By letter dated June 25, 2002, defendant seeks a conference to request a stay of discovery in this action pending disposition of its motion to dismiss the complaint. Plaintiff responds by letter dated June 28, 2002, arguing that stays of discovery pending resolution of motions to dismiss are not routinely granted and, in any case, that any request for such relief should be made by written motion and fully briefed.
The Court deems defendant's letter to constitute a motion to stay discovery in this action pending resolution of the motion and construes plaintiff as seeking an opportunity to respond fully to that motion. It shall have that opportunity. In the meantime, however, the Court regards defendant as seeking also interim relief against discovery on the ground that this action lacks substantial merit and is little or nothing more than an attempt to circumvent prior rulings by this Court and the Court of Appeals.
The motion to dismiss is not fully briefed, as plaintiff has obtained an extension of time within which to respond. Mindful that it is appropriate, as plaintiff argues, that the Court "consider the stage of the litigation, the type of motion [to dismiss], and any other case-specific factors in determining whether to grant" even an interim stay, however, the Court has reviewed the pending motion.
While the Court could well reach a different conclusion upon receiving and considering plaintiff's papers, there is substantial reason, even at this early stage of the case, to believe that defendant is entirely correct in suggesting that this action is a frivolous and, indeed, bad faith attempt to circumvent prior rulings which lacks merit both in law and in fact. Further, there is no present reason to suppose that a brief delay in discovery pending full submission and determination of the motion for a stay would harm the plaintiff.
In all the circumstances, all discovery is stayed pending the determination of defendant's motion to stay discovery pending the determination of defendant's motion to dismiss the action. Plaintiff shall file any papers in opposition to the motion to stay discovery no later than July 8, 2002. Any reply papers shall be filed no later than July 11, 2002.
SO ORDERED.