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S.D.N.Y.Procedural orderFiled Dec. 5, 2022

Rostami v. Open Props, Inc.

Judge
Ronnie Abrams
Docket
1:22-cv-03326
Court
U.S. District Court · Southern District of New York
Pages
1
DiscoveryCivil ProcedureMotion to Dismiss
In one sentence

In Rostami v. Open Props, Judge Abrams stayed discovery while the court considers a motion to dismiss.

Who this affects

The parties to the action, because discovery is paused pending further order of the court.

What happened

In Rostami v. Open Props, Inc., a defendant asked the court to pause discovery while the court considered its motion to dismiss.

The court considered the strength of the motion to dismiss, the scope and burden of the requested discovery, and possible harm to the opposing party.

Judge Ronnie Abrams ruled that a stay was appropriate and ordered discovery stayed until the court issues another order.

The detailed version

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

Case
Rostami v. Open Props, Inc. · No. 1:22-cv-03326
Judge
Ronnie Abrams
Date
Dec. 5, 2022

Background

On November 29, 2022, a defendant moved to stay, or pause, discovery while the court considered its motion to dismiss.

Court’s Analysis

The court considered the factors relevant to staying discovery while a potentially case-dispositive motion is pending: the strength of the motion to dismiss, the breadth of the requested discovery, the burden of responding to discovery, and the prejudice to the party opposing the stay.

Ruling

Judge Ronnie Abrams found that a stay was appropriate. The court ordered that discovery in the action was stayed pending further order of the court.

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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