Fontanez v. Bow USA, LLC

Background

Bow USA LLC submitted a letter application asking the court to stay, or pause, all discovery until the court resolved Bow USA’s pending motion to dismiss. The application stated that Fontanez’s counsel consented to the request. The application cited the court’s authority to manage its proceedings and Federal Rule of Civil Procedure 26(c)(1), which permits a court to limit or pause discovery for good cause.

Arguments Presented

Bow USA argued that discovery should be paused because its motion to dismiss raised several potentially dispositive issues. According to the application, those issues included whether the court had personal jurisdiction over Bow USA, whether venue was proper, whether the court had subject-matter jurisdiction because Bow USA allegedly did not own the website at issue, and whether the complaint stated a claim under the Americans with Disabilities Act because the website allegedly was an online store not associated with a physical retail establishment.

These were arguments made in support of the motion to dismiss and the request to pause discovery. The opinion does not decide whether any of those arguments is correct.

Ruling

Judge Jesse M. Furman granted the application. The order directed the Clerk of Court to terminate ECF No. 19. The ruling paused discovery while Bow USA’s motion to dismiss remained pending; it did not decide the motion to dismiss or the underlying claims.