Author: Amir Shachmurove

Publisher:

Published: 2023

Total Pages: 0

ISBN-13:

According to many, discovery under the Federal Rules of Civil Procedure (“Rules” collectively, or “Rule” individually) imposes a multiplicity of financial and administrative burdens on parties and courts. True, much debate rages over the true extent of these costs; true, mindboggling costs only accrue in the rarest of cases. Still, each party's entitlement to the other's evidence is normally independent of any specific action's underlying merits. Consequently, as the Seventh Circuit observed in 2008 in Limestone Development Corp. v. Village of Lemont, more than a few defendants have been “forced to conduct expensive pretrial discovery in order to demonstrate the groundlessness of ... [a particular] plaintiff's claim.” Today, whatever the merits of one or more plaintiffs' substantive claims, countless defendants seek to circumvent this danger by pairing a motion to dismiss under Rule 12 or a motion for summary judgment under Rule 56 with a separate plea for a stay of discovery pursuant to Rules 1 and 26(c). Unfortunately, because case law establishes no uniform standard by which such pleas are to be adjudicated, they often fail, to the consternation of a chagrined multitude. Though frustration is understandable, some unambiguous rules-of-thumb can be gleaned from this tenacious tangle. This short piece provides a guide for these tenets' real-world use.Posted with permission from Law360. Copyright © 2021 Law360. For the published copy of this piece, see https://www.law360.com/articles/1442232/a-real-world-guide-to-staying-discovery-in-federal-court, and for more information about this publication, https://www.law360.com.