Khen v. US Coachways, Inc.
- Rochon
- 1:23-cv-10762
- U.S. District Court · Southern District of New York
- 2
In Khen v. US Coachways, Judge Rochon denied US Coachways’s motion to stay discovery because its Rule 12(c) motion had not yet been filed.
US Coachways, Inc. and the plaintiffs were affected: discovery was not paused, although US Coachways may renew its request after filing its Rule 12(c) motion.
What happened
In Khen v. US Coachways, Inc., US Coachways asked the court to pause the parties’ discovery schedule. The request came after the plaintiffs amended their complaint and before US Coachways’s deadline to respond had passed.
US Coachways said it intended to file an answer and a motion under Rule 12(c), which allows a party to seek judgment based on the pleadings. It asked the court to pause discovery until that motion was decided.
Judge Rochon denied the motion to stay discovery without prejudice. She said the court could not evaluate whether discovery should be paused until the Rule 12(c) motion was actually filed, and allowed US Coachways to renew its request afterward.
The detailed version
- Khen v. US Coachways, Inc. · No. 1:23-cv-10762
- Rochon
- May 6, 2024
Background
The parties had a court-approved schedule for exchanging discovery demands. After the plaintiffs amended their complaint, US Coachways’s deadline to respond to the amended complaint had not yet expired. US Coachways told the court that it intended to file an answer and a motion under Federal Rule of Civil Procedure 12(c), which permits a party to seek judgment based on the pleadings.
US Coachways asked the court to stay, or pause, the discovery deadlines while the court considered its anticipated Rule 12(c) motion.
Court’s ruling
The court denied the motion to stay discovery without prejudice. The court explained that it could not decide whether discovery should be stayed based on a Rule 12(c) motion until that motion was filed. In considering a request to stay discovery, courts consider factors including the strength of the pending motion supporting the request.
The court stated that US Coachways may renew its motion to stay discovery after filing its Rule 12(c) motion. Judge Jennifer L. Rochon issued the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.