Arcesium LLC v. Advent Software, Inc. et al

Filing 84

ORDER granting in part and denying in part 66 Motion to Stay. On July 15, 2020, Defendants moved [ECF #66] for a stay of discovery pending the resolution of their motion to dismiss the Complaint. The Plaintiff opposes the request. See ECF #68. After review of the parties' submissions, the Motion to Stay Discovery is GRANTED IN PART, and DENIED IN PART. IT IS HEREBY ORDERED that "party discovery" is not stayed pending a ruling on the motion to dismiss and should be gin immediately. The following deadlines will govern the conduct of party discovery: (As further set forth herein this Order.) Party depositions must be completed by January 31, 2020. IT IS FURTHER ORDERED that "third-party discovery" is stayed pending a ruling on the motion to dismiss. Within three days of the Court's order on the motion to dismiss, the Parties must file a joint letter proposing deadline for all remaining discovery. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/26/2020) (va)

Case 1:20-cv-04389-MKV Document 84 Filed 08/26/20 Page 1 of 2

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 8/26/2020

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ARCESIUM LLC,
Plaintiff,
-against-

1:20-cv-04389-MKV

ADVENT SOFTWARE, INC., and SS&C
TECHNOLOGIES HOLDINGS, INC.,

ORDER

Defendants.
MARY KAY VYSKOCIL, United States District Judge:
On July 15, 2020, Defendants moved [ECF #66] for a stay of discovery pending the
resolution of their motion to dismiss the Complaint. The Plaintiff opposes the request. See ECF
#68. After review of the parties’ submissions, the Motion to Stay Discovery is GRANTED IN
PART, and DENIED IN PART.
IT IS HEREBY ORDERED that “party discovery” is not stayed pending a ruling on the
motion to dismiss and should begin immediately. The following deadlines will govern the
conduct of party discovery
-

Initial Disclosures must be served no later than 14 days from the date of this Order

-

Initial Requests for Production of Documents, and Interrogatories regarding the existence
of location of documents must be served by September 11, 2020

-

Substantial completion of document production between the Parties, including production
of privilege logs, must be complete by December 31, 2020.

-

Party depositions must be completed by January 31, 2020

In the case of discovery disputes, the parties shall follow Local Rule 37.2 and the Court’s
Individual Rules of Practice in Civil Cases (“Individual Practice Rules”), which are available at
https://nysd.uscourts.gov/hon-mary-kay-vyskocil. Any party wishing to raise a discovery dispute

Case 1:20-cv-04389-MKV Document 84 Filed 08/26/20 Page 2 of 2

with the Court must first meet and confer in good faith with the opposing party, in person or by
telephone, in an effort to resolve the dispute.
In the event the Parties are unable to resolve the dispute through the meet and confer
process, the Parties may file a joint letter on ECF, no longer than four pages, explaining the
nature of the dispute and setting forth the position of each party with respect to the disputed
issue, and requesting an informal conference. Such a letter must include a representation that the
meet-and-confer process occurred and was unsuccessful. Discovery disputes must be raised with
the Court in sufficient time to obtain a ruling and any further discovery that is ordered in advance
of the discovery cutoff.
IT IS FURTHER ORDERED that “third-party discovery” is stayed pending a ruling on
the motion to dismiss. Within three days of the Court’s order on the motion to dismiss, the
Parties must file a joint letter proposing deadline for all remaining discovery.
Any application to modify or extend the dates herein shall be made in a written
application in accordance with paragraph 2(G) of the Court’s Individual Practice Rules and shall
be made no less than three (3) days prior to the expiration of the date sought to be extended.
Failure to comply with the deadlines set forth herein may result in sanctions, including
preclusion at trial of information not provided or dismissal of claims or defenses.

SO ORDERED.

Date: August 26, 2020
New York, NY

_________________________________
MARY KAY VYSKOCIL
United States District Judge