Noble Talents LLC LLC v. Asch
- Analisa Torres
- 1:19-cv-11020
- U.S. District Court · Southern District of New York
- 1
In Noble Talents v. Asch, Judge Torres denied a request to pause discovery and ordered a case-management plan.
The plaintiffs and defendants were required to continue with discovery and submit a joint proposed case-management plan.
What happened
Noble Talents LLC, Noble Capital International LLC, and Noble Markets LLC submitted a joint letter with Marc Asch and MEA Investments LLC, but the parties did not submit the required proposed case-management plan. Instead, they asked to pause formal discovery because the plaintiffs might amend their complaint or the defendants might file a dismissal motion.
The court denied the request to pause discovery, finding no good cause because the defendants had not even filed a dismissal motion. The court ordered the parties to submit a joint proposed case-management plan by February 14, 2020.
Judge Analisa Torres issued the order on February 13, 2020.
The detailed version
- Noble Talents LLC LLC v. Asch · No. 1:19-cv-11020
- Analisa Torres
- Feb. 13, 2020
Background
The court had previously ordered the parties to submit a joint letter and proposed case-management plan by February 12, 2020. The parties submitted the joint letter but not the proposed plan. Their letter asked the court to stay, or pause, the start of formal discovery because the plaintiffs might seek to amend the complaint and the defendants might move to dismiss.
Court’s Analysis
The court stated that discovery should not ordinarily be paused merely because a party has filed a motion to dismiss. A party seeking a protective order to stay discovery must show good cause. The court found that no good cause existed here, particularly because the defendants had not filed a dismissal motion and were only considering one.
Ruling
The court denied the parties’ request to stay discovery. It ordered the parties to submit a joint proposed case-management plan, following the court’s earlier instructions, by February 14, 2020.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.