Kassem v. Martin et al
ORDER granting 151 Defendant' joint motion to stay discovery: all case deadlines (except for mediation) are stayed, the pretrial conference is canceled, and the case is removed from the March 2018 trial term; and terminating 144 Plaintiff's motion to compel production of bank records without prejudice. Signed by Magistrate Judge Philip R. Lammens on 11/6/2017. (AR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Case No: 5:15-cv-623-Oc-30PRL
MATT MARTIN, DEBI CONNOR, DC
SALES & ENTERTAINMENT, LLC and
DC SALES AND MARKETING, LTD
This matter is before the Court on Defendants’ joint motion to stay discovery. (Doc. 151).
In light of Defendants’ pending motions seeking serious sanctions against Plaintiff and her
counsel, Avery Chapman (Docs. 139, 140), the Court finds that a stay of the case is appropriate
until these motions are resolved. There is presently no dispute that Plaintiff had access, through
her daughter’s phone, to Defendant Connor’s personal email for a period of time before and after
this litigation was filed. There’s also no dispute that Plaintiff informed her counsel’s law office,
by way of communicating with its paralegal, about the access. While Plaintiff reports this access
was benign (through affidavit and deposition testimony), there is record evidence (both in the form
of testimony and images of messages) that suggests otherwise and is at odds with her, and her
daughter’s, sworn testimony. The parties and counsel will have an opportunity to present evidence
and be heard.
Accordingly, at this time Defendants’ motion (Doc. 151) is GRANTED to the extent that
all case deadlines (except for mediation) are stayed, the pretrial conference is canceled, and the
case is removed from the March 2018 trial term. After resolving the pending motions (Docs. 139,
140) the Court will address, if necessary, case scheduling. Based on the stay, Plaintiff’s motion to
compel the production of bank records (Doc. 144) is terminated, without prejudice to reopen if a
new schedule is set.
An evidentiary hearing on the sanctions motions, which Plaintiff has responded to, will be
set by separate order.
DONE and ORDERED in Ocala, Florida on November 6, 2017.
Copies furnished to:
Counsel of Record
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