Opinion
CASE NO.: 3D17–0054
02-10-2017
MY COSMETIC SURGERY, INC., Appellant(s)/Petitioner(s), v. Michael FRIDMAN, etc., Appellee(s)/Respondent(s)
My Cosmetic Surgery, Inc., petitions for certiorari review of two orders dated December 7 and December 13, 2016, which permitted Respondent, Michael Fridman, to conduct discovery in this putative class action on issues other than standing before Fridman's standing to pursue this action has been addressed. Specifically, My Cosmetic requests that this Court issue its writ instructing the court below: (1) to stay discovery on all matters other than standing until the standing issue is resolved; (2) to bifurcate the action to first resolve the standing issue; (3) to expedite discovery on the issue of Fridman's standing; (4) to schedule discovery deadlines regarding standing discovery; and (5) to rule on standing before allowing any discovery on other matters to go forward.
We decline to accede to My Cosmetic's requests that we order the court as to how it should proceed to resolve this matter with regard to either bifurcating this matter, expediting discovery, or scheduling discovery deadlines. And, in light of Fridman's representations that it will (1) withdraw all discovery not related to standing; (2) submit to immediate deposition on the issue of standing; and, (3) agree not to move forward below on any part of his claim, including any discovery not related to standing, until the standing issue has been resolved, we dismiss the instant petition.
Petition dismissed.
Upon consideration of petitioner's motion for appellate attorney's fees and trial court attorney's fees and costs, it is ordered that said motion is hereby denied.
WELLS, SALTER and LOGUE, JJ., concur.