Curry v. Bank of America, N.A.

Filing 13

ORDER denying 12 Motion to stay discovery. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 10/28/2011. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ZACHARY CURRY,
Plaintiff,
v.
Case No. 8:11-cv-1904-T-33MAP
BANK OF AMERICA, N.A.,
Defendant.
/
ORDER
This matter is before the Court pursuant to Defendant’s
Motion to Stay Discovery Pending Ruling on Defendant’s Motion
to Dismiss (Doc. # 12), which was filed on October 27, 2011.
For the reasons that follow, the Motion to Stay Discovery is
denied.
Discussion
On August 22, 2011, Curry initiated this discrimination
and retaliation action against his former employer, Bank of
America. (Doc. # 1).

Bank of America filed a Motion to

Dismiss (Doc. # 4) on September 14, 2011.

The Motion to

Dismiss became ripe on October 14, 2011. (Doc. # 9).

At this

juncture, Bank of America requests an Order staying discovery
in this case until the Court enters its ruling on the pending
Motion to Dismiss.
The Court “must take an active role in managing cases on
[its] docket.” Chudasama v. Mazda Motor Corp., 123 F.3d 1353,

1366 (11th Cir. 1997). A stay of all discovery pending the
Court’s ruling on the Motion to Dismiss would not advance this
case toward its final resolution. As stated in Chudasama, 123
F.3d at 1366, this Court enjoys broad discretion “in deciding
how best to manage the cases before [it]” and, under the
circumstances of this case, the Court determines that it is
appropriate to deny the Motion to Stay Discovery.
Accordingly, it is hereby
ORDERED, ADJUDGED and DECREED:
Defendant’s Motion to Stay Discovery Pending Ruling on
Defendant’s Motion to Dismiss (Doc. # 12) is DENIED.
DONE and ORDERED in Chambers, in Tampa, Florida, this
28th day of October, 2011.

Copies to: All Counsel of Record

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