Opinion
Case No. 2:10-cv-512-FtM-29SPC.
August 30, 2011
ORDER
This matter comes before the Court on Defendants' Amended Joint Third Motion for Protective Order and Motion to Stay (Doc. #74) filed on August 28, 2011. All Defendants jointly move for the entry of a protective order to protect them from participating in discovery, including but not limited to Mandatory Initial Disclosures, until such time as this Court disposes of all pending Motions to Dismiss (Docs. #66, 69). Further, Defendants move for a stay of all proceedings in this matter, including discovery, pending the resolution of all pending Motions to Dismiss.
In deciding whether to stay discovery pending resolution of a motion to dismiss, the court must balance the harm produced by a delay in discovery against the possibility that the motion will be granted and entirely eliminate the need for such discovery.McCabe v. Foley, 233 F.R.D. 683, 685 (M.D. Fla. 2006) (citation omitted). The Court finds that in light of the jurisdictional and dispositive nature of the arguments presented in the motions to dismiss, protection against discovery and a stay of the proceedings is appropriate at this time.
Accordingly, it is now
ORDERED:
(1) Defendants' Amended Joint Third Motion for Protective Order and Motion to Stay (Doc. #74) is GRANTED. Defendants are protected from participating in discovery in this matter. (Docs. #66, 69).
(2) This matter is STAYED pending a final ruling by the District Court on the pending Motions to Dismiss (Docs. #66, 69).
DONE AND ORDERED at Fort Myers, Florida.