Schnuck Markets, Inc. v. First Data Merchant Data Services Corp. et al

Filing 64

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintif's Motion to Stay Discovery #59 is GRANTED in part. Discovery in this matter is STAYED for a period of sixty (60) days, up to and including November 14, 2014. Signed by District Judge John A. Ross on 9/16/14. (JWD)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

SCHNUCK MARKETS, INC.,
Plaintiff,
v.
FIRST DATA MERCHANT DATA
SERVICES CORP., and CITICORP
PAYMENT SERVICES, INC.,
Defendants.

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No. 4:13-CV-2226-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion to Stay Discovery. (Doc. No. 59)
The motion is fully briefed and ready for disposition. Plaintiff seeks a stay of discovery pending
resolution of the parties’ cross-motions for judgment on the pleadings. (Doc. Nos. 37, 43) In
support of its motion, Plaintiff states that both sides agree the contract language at issue is not
ambiguous and can be interpreted in accordance with its plain meaning. Further, an order
granting either motion will be dispositive of the case. Thus, a stay of discovery will promote
judicial economy. Defendants oppose a stay and seek to proceed with the discovery already
served on Plaintiff regarding the negotiation and interpretation of the contract and Plaintiff’s
response to the data compromise event.
Upon consideration, the Court will grant a stay of discovery for sixty days to allow for
time to consider and rule on the pending cross-motions for judgment on the pleadings. This will
not result in any prejudice to Defendants. The case was filed less than a year ago, there have
been no prior extensions of the discovery deadlines, and there are no unusual circumstances that

would suggest a need to proceed with discovery at this point. If the Court denies both motions,
then the Court will give Defendants an opportunity to complete any necessary discovery.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion to Stay Discovery [59] is
GRANTED in part. Discovery in this matter is STAYED for a period of sixty (60) days, up to
and including November 14, 2014.

_________________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE
Dated this 16th day of September, 2014.

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