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S.D.N.Y.Procedural orderFiled Aug. 11, 2023

Blanco v. Success Academy Charter Schools, Inc.

Judge
Lewis Liman
Docket
1:23-cv-01652
Court
U.S. District Court · Southern District of New York
Pages
2
DiscoveryCivil ProcedureMotion to Dismiss
In one sentence

In Blanco v. Success Academy, Judge Liman stayed discovery by consent while defendants’ dismissal motion remains pending.

Who this affects

The order affects plaintiff Marilyn Blanco, the defendants, and the case schedule by pausing discovery and postponing existing deadlines until further order.

What happened

In Blanco v. Success Academy Charter Schools, Inc. et al., the defendants asked the court to pause discovery while their motion to dismiss remained pending. Plaintiff Marilyn Blanco consented to the request.

The defendants argued that Blanco’s discovery requests were unusually broad, would impose a significant burden, and might be narrowed if the dismissal motion succeeded. They also said Blanco had not served defendant Alvarez and had failed to state several claims. The opinion does not decide whether those arguments are correct.

Judge Lewis J. Liman ordered that discovery be stayed on the parties’ consent. He also directed the parties to submit a revised case-management plan within two weeks after the court decides the motion to dismiss and adjourned the existing deadlines until further order.

The detailed version

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

Case
Blanco v. Success Academy Charter Schools, Inc. · No. 1:23-cv-01652
Judge
Lewis Liman
Date
Aug. 11, 2023

What the court addressed

The defendants requested a stay of discovery, meaning a temporary pause in the exchange of information and documents, while their fully briefed motion to dismiss was pending. Plaintiff Marilyn Blanco consented to the request. The court’s memo endorsement states: “Discovery is stayed on consent of the parties.”

The parties’ positions

The defendants argued that Blanco had served very broad document requests and interrogatories. They said the requests sought information reaching back to 2013 and involving students with individualized education programs or disabilities across Success Academy’s New York City schools, rather than focusing on the events alleged in this case. The defendants also argued that responding would impose a significant burden and that their motion to dismiss could result in dismissal or substantial narrowing of Blanco’s claims.

The defendants’ letter further stated that their motion challenged Blanco’s Second through Sixth Causes of Action, that defendant Alvarez had not been served, and that Blanco had failed to state claims including abuse of process and supervisory liability. Those statements describe the defendants’ arguments; this opinion does not resolve the motion to dismiss.

Ruling and case-management instructions

Judge Lewis J. Liman stayed discovery based on the parties’ consent. The court directed the parties to submit a revised case-management plan within two weeks after a decision on the motion to dismiss. It also adjourned all dates under the existing case-management plan pending further order. The endorsement did not decide the pending motion to dismiss or the merits of Blanco’s claims.

Classification

This is a procedural order concerning discovery and case management. It does not decide the underlying claims or the pending motion to dismiss.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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