Diedhiou v. The Republic of Senegal

Background

The Republic of Senegal asked the court to stay, or temporarily pause, discovery while its motion to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6) was pending. The request followed a disagreement about whether the pending motion automatically paused discovery. The opinion states that a motion to dismiss ordinarily does not automatically stay discovery, but that the court may order a stay for good cause.

The request stated that Diedhiou’s complaint contained six causes of action and concerned a real-estate transaction. Senegal argued that the motion to dismiss was strong because, according to the request, Diedhiou was not a broker and had not obtained a written contract. Senegal also argued that the motion could eliminate or narrow the claims, reducing the likely scope of discovery and avoiding unnecessary time and expense. It further argued that Diedhiou would not be unfairly harmed because the case sought money damages rather than equitable relief.

Ruling

Judge Edgardo Ramos granted the request. The court ordered that discovery be stayed until it issued a decision on the motion to dismiss. This order addressed discovery only; the opinion does not state that the court ruled on the motion to dismiss or resolved the underlying claims.