Fratelli bvba v. APM Music Services, LLC

Background

Fratelli BVBA brought this action over royalty payments. The opinion describes the case as a contract dispute between Fratelli, a Belgian choir, and APM Music Services, LLC, a Florida company. Fratelli alleged that APM failed to pay its share of two royalty payments and asserted claims for breach of contract, fraud, and unjust enrichment against APM and its members, Glenn Stone and Maurice Keizer. All Parts Move, LLC, was also a defendant.

Stone later filed amended cross-claims against Keizer for breach of contract, breach of fiduciary duty, conversion, indemnity, and civil theft under Florida law. Keizer, APM, and All Parts Move had pending motions to dismiss. Their motions challenged some of Fratelli’s claims under Federal Rule of Civil Procedure 12(b)(6), which addresses whether a complaint states a legally sufficient claim, and challenged Fratelli’s claims against All Parts Move under Rule 12(b)(2), which addresses personal jurisdiction.

The Request to Pause Discovery

Keizer, APM, and All Parts Move asked the court to continue a discovery stay until 30 days after the court ruled on their dismissal motions. They argued that the motions could resolve many of the disputed issues, including all claims against All Parts Move and Keizer. They also argued that discovery would be broad and burdensome because of the number and nature of the claims, possible third-party discovery, and the parties’ locations.

The request was based on the court’s authority to stay discovery for good cause. The court considered the breadth of discovery, the burden of responding, the prejudice to the parties opposing the stay, and the strength of the pending motions to dismiss.

Ruling

Judge John P. Cronan denied Maurice Keizer’s, APM Music Services, LLC’s, and All Parts Move, LLC’s request for a stay of discovery. The order did not decide the pending motions to dismiss. It stated that the court would enter the case-management plan by separate order.