Zumedia Inc. v. IMDB.COM, Inc.

Background

The parties jointly asked the court to stay, or temporarily pause, discovery while IMDb’s pending motion to dismiss was unresolved. The request was made under Federal Rule of Civil Procedure 26(c), which permits a court to stay discovery for good cause.

IMDb contended that its partial motion to dismiss made a strong showing that Zumedia’s second and third causes of action should be dismissed. The letter states that these claims involve, among other things, Zumedia’s assertion that two IMDb marks should be canceled because IMDb allegedly had not used them in commerce for several products and services. Zumedia disagreed that dismissal was appropriate but agreed that discovery before resolution of the motion could create unnecessary expense and burden.

The parties explained that discovery would be narrower if only Zumedia’s first claim proceeded. They also said that the motion was fully briefed, the case was at an early stage, and the requested stay would be short.

Court’s Analysis

The court considered the circumstances of the case, including the breadth of the requested discovery, the burden of responding to it, and the strength of the pending motion to dismiss. The court concluded that the parties had established good cause supporting a stay.

Ruling

The court ordered that discovery be stayed pending Judge Vernon S. Broderick’s decision on IMDb’s motion to dismiss. The opinion does not decide whether the second or third causes of action should be dismissed. It also directs the Clerk of Court to terminate the motion pending at Docket 30.