Diaz-Roa v. Hermes Law, P.C.

Background

Defense counsel asked the court to postpone the initial pretrial conference and the deadline for submitting a proposed case-management plan and scheduling order. The defendants also asked the court to stay, or pause, discovery while their pending dispositive motion was being considered. A dispositive motion is one that could resolve some or all of the case, such as a motion to dismiss or a motion to compel arbitration.

The defendants’ motion, filed July 17, 2024, seeks to compel arbitration, dismiss the amended complaint for lack of personal jurisdiction and improper venue, transfer the case to the Northern District of Texas, or alternatively dismiss it for failure to state a claim. The motion was fully briefed on August 21, 2024. The defendants argued that discovery could be duplicative or unnecessary if the case were sent to arbitration, transferred, or dismissed. They also argued that the case was still at an early stage and that the discovery-stay request was supported by the strength of their pending motion. The plaintiff did not consent to the requested postponement.

Court’s Action

The court denied the defendants’ request to adjourn the initial pretrial conference. It converted the telephonic conference scheduled for November 1, 2024, at 2:00 p.m. into an in-person conference in Courtroom 15C at 500 Pearl Street, New York, New York. The court stated that it would hear argument and address the request to stay discovery at that conference.

The order therefore does not decide whether discovery will be stayed, whether arbitration will be compelled, whether the case will be dismissed, or whether it will be transferred. Judge Lewis Liman signed the order on September 26, 2024.