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S.D.N.Y.Procedural orderFiled Feb. 12, 2020

Delacruz v. Bed Bath & Beyond Inc.

Judge
Analisa Torres
Docket
1:19-cv-09852
Court
U.S. District Court · Southern District of New York
Pages
1
DiscoveryCivil Procedure
In one sentence

In Delacruz v. Bed Bath & Beyond Inc., Judge Torres denied the request to stay discovery, ordering discovery to proceed under the case-management plan.

Who this affects

Emanuel Delacruz, the other similarly situated plaintiffs he sought to represent, and Bed Bath & Beyond Inc.; discovery in their case was allowed to proceed under the case-management plan.

What happened

In Delacruz v. Bed Bath & Beyond Inc., Emanuel Delacruz asked the court to pause discovery in the case involving Bed Bath & Beyond Inc. The motion was brought on behalf of himself and other similarly situated people.

Delacruz relied on Federal Rule of Civil Procedure 26 and argued that discovery should be stayed. The court considered the existing case-management plan and noted that discovery should not automatically stop merely because a motion to dismiss has been filed.

Judge Analisa Torres denied the request to stay discovery. She found that discovery was not unusually broad or burdensome and that the delays caused by a stay were not justified, so discovery was to proceed under the case-management plan.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Delacruz v. Bed Bath & Beyond Inc. · No. 1:19-cv-09852
Judge
Analisa Torres
Date
Feb. 12, 2020

Background

Emanuel Delacruz, on behalf of himself and other similarly situated people, moved to stay discovery in his case against Bed Bath & Beyond Inc. The motion cited Federal Rule of Civil Procedure 26(c)(4). The opinion refers to the case-management plan and order, identified as ECF No. 19.

Court’s analysis

The court stated that discovery should proceed as provided in the case-management plan. It also cited the principle that discovery should not routinely be stopped simply because a motion to dismiss has been filed. The court found that discovery in this case was not especially broad or burdensome and that the delays resulting from a stay were not justified.

Ruling

Judge Analisa Torres denied the motion to stay discovery. Discovery was to proceed under the case-management plan and order. The court also directed the Clerk of Court to terminate the motions listed at ECF Nos. 23 and 24, as reflected in the opinion text.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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