Dimieri v. Medicis Pharmaceuticals Corporation

Filing 40

ORDER denying 38 The Defendant Medicis Pharmaceutical Corporation's Unopposed Motion to Stay Expert Report Deadline. The Defendant's Expert Report is due on or before April 18, 2015. Signed by Judge Sheri Polster Chappell on 3/18/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MARCO V. DIMIERI,
Plaintiff,
v.

Case No: 2:14-cv-176-FtM-38DNF

MEDICIS PHARMACEUTICALS
CORPORATION,
Defendant.
/
ORDER1
This matter comes before the Court on the Defendant Medicis Pharmaceutical
Corporation's Unopposed Motion to Stay Expert Report Deadline (Doc. #38) filed on
March 9, 2015. Pursuant to Local Rule 3.01(g), the Defendant conferred with the Plaintiff
who does not oppose the stay.
The Defendant moves the Court to stay the expert disclosure deadline until the
Court rules on its outstanding dispositive motions. When ruling on motions to stay
discovery, Courts in this District have held that “[m]otions to [s]tay discovery may be
granted pursuant to Rule 26(c), Fed. R. Civ. P., however, the moving party bears the
burden of showing good cause and reasonableness.” Schumann v. Collier Anesthesia,
P.A., 2013 WL 149638, *1 (M.D. Fla. January 14, 2013) (citing Feldman v. Flood, 176

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F.R.D. 651, 652 (M.D.Fla.1997)). Moreover, “such motions are not favored because when
discovery is delayed or prolonged it can create case management problems which
impede the Court's responsibility to expedite discovery and cause unnecessary litigation
expenses and problems.” Schumann, 2013 WL 149638, at *1 (citing Kron Medical Corp.
v. Groth, 119 F.R.D. 636 (M.D.N.C.1988)). “Finally, the Court ordinarily should not stay
discovery which is necessary to gather facts in order to defend against the motion.”
Schumann, 2013 WL 149638, at *1. (citing Wilderness Soc. v. Griles, 824 F.2d 4
(D.C.Cir.1987); Panola Land Buyers Ass'n v. Shuman, 762 F.2d 1550 (11th Cir.1985)).
In deciding whether to stay discovery pending resolution of a pending motion, the Court
inevitably must balance the harm produced by a delay in discovery against the possibility
that the motion will be granted and entirely eliminate the need for such discovery. .”
Schumann, 2013 WL 149638, at *1.
The Defendant argues the Plaintiff’s Complaint is insufficient and the Court would
eliminate unnecessary litigation costs by staying expert disclosure until the Court rules on
the Motion to Dismiss and/or Amended Motion for Summary Judgment. After a cursory
review of the dispositive motions in this case, the Motions are not clearly meritorious and
there appears to remain some dispute between the Parties. Therefore, the Court will
deny the Motion to Stay. However, the Court will allow the Defendant thirty (30) days
from the date of this Order to file its expert disclosure reports.
Accordingly, it is now
ORDERED:

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The Defendant Medicis Pharmaceutical Corporation's Unopposed Motion to Stay
Expert Report Deadline (Doc. #38) is DENIED. The Defendant’s Expert Report is due on
or before April 18, 2015.
DONE and ORDERED in Fort Myers, Florida this 18th day of March, 2015.

Copies: All Parties of Record

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