Rikos v. Procter & Gamble Company

Filing 65

ORDER GRANTING DEFENDANT'S MOTION TO STAY DISCOVERY (Doc. #59 ). Signed by Judge Timothy S. Black on 1/31/2012. (mr1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

DINO RIKOS,
Plaintiff,
vs.
THE PROCTER & GAMBLE CO.,
Defendant.

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Case No. 1:11-cv-226

Judge Timothy S. Black

ORDER GRANTING DEFENDANT’S MOTION TO STAY DISCOVERY (Doc. 59)
This case is currently before the Court on Defendant’s Motion to Stay Discovery
(Doc. 59) and the parties’ responsive memoranda (Doc. 61, Doc. 62). Defendant seeks a
stay of all discovery in this matter pending the Court’s ruling on Defendant’s Motion to
Strike the Class Allegations in Plaintiff’s First Amended Class Action Complaint (Doc. 58).1
“Trial courts have broad discretion and inherent power to stay discovery until
preliminary questions that may dispose of the case are determined.” Hahn v. Star Bank, 190
F.3d 708, 719 (6th Cir. 1999). Limitations on pretrial discovery are particularly appropriate
“where claims may be dismissed based on legal determinations that could not have been
altered by any further discovery.” Gettings v. Bldg Laborers Local 310 Fringe Benefits
Fund, 349 F.3d 300, 304 (6th Cir. 2003) (internal quotations omitted). See also Fed. R. Civ.
P. 26(b)(2)(C)(iii) (The Court must limit discovery if “the burden or expense of the
proposed discovery outweighs its likely benefit, considering the needs of the case, the

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Defendant’s Motion to Expedite Briefing on the Motion to Stay (Doc. 60) is denied as
moot.

amount in controversy, the parties’ resources, the importance of the issues at stake in the
action, and the importance of the discovery in resolving the issues.”).
The Court finds that Defendant’s Motion to Strike (Doc. 58) presents preliminary
legal questions that may or may not resolve the case. The downside of a brief delay in
discovery pending a decision on the Motion to Strike is outweighed by the benefit to all of
insuring a thorough evaluation of the Motion to Strike. Therefore, Defendant’s motion is
GRANTED, and all discovery is hereby ORDERED STAYED, pending the Court’s ruling
on Defendant’s Motion to Strike (Doc. 58).
IT IS SO ORDERED.

Date: January 31, 2012

s/Timothy S. Black
Timothy S. Black
United States District Judge

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