Thompson v. The Florida Bar

Filing 33

ORDER denying 17 Motion to Strike notice and for protective order, granting in part and denying in part 27 Motion to Stay discovery pending disposition of motion to dismiss, motion for protective order, motion to strike notice of deposition to Ben Kuehne.Signed by Judge Adalberto Jordan on 8/3/07. (lh)

Thompson v. The Florida Bar

Doc. 33

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 07-21256-CIV-JORDAN JOHN B. THOMPSON ) ) Plaintiff ) vs. ) ) THE FLORIDA BAR, et al ) Defendants ) ____________________________________ ) ORDER The Florida Bar's unopposed motion to stay all discovery in this lawsuit pending disposition of its motion to dismiss [D.E. 27-1] is
GRANTED ,

as such relief is proper under Eleventh Circuit

precedent. See Chudasama v. Mazda Motor Corp., 123 F.3d 1353, 1368 (11th Cir. 1997) ("when faced with a motion to dismiss a claim for relief that significantly enlarges the scope of discovery, the district court should rule on the motion before entering discovery orders, if possible"). Mr. Thompson may not seek any discovery in this case until the pending motions to dismiss are resolved. The Florida Bar's motion for a protective order [D.E. 27-2], and Judge Tunis' motion for a protective order [D.E. 17-2], are DENIED WITHOUT PREJUDICE. The defendants may refile motions for such relief following resolution of the pending motions to dismiss. The Florida Bar's motion to strike Mr. Thompson's notice of deposition to Ben Kuehne is
DENIED AS MOOT,

as I have already stayed all discovery in this case. For the same reason, Judge

Tunis' emergency motion to strike her notice of deposition [D.E. 17-1] is DENIED AS MOOT. Mr. Thompson is hereby advised that he does not need to deliver a courtesy copy of his response to the court's August 1, 2007 order directly to chambers, as directed in that order. I will set a hearing once the motion to dismiss has been fully briefed.
DONE and ORDERED

in chambers in Miami, Florida, this 3rd day of August, 2007.

_______________________ Adalberto Jordan United States District Judge Copy to: All counsel of record

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