Veracity Group, Inc. et al v. Cooper-Atkins Corporation, Inc.

Filing 23

ORDER GRANTING DEFENDANT'S MOTION TO STAY DISCOVERY (DOC. 20 ). All discovery is hereby ORDERED STAYED pending the Courts ruling on Defendants Motion to Dismiss (Doc. 10 ). Signed by Judge Timothy S. Black on 1/18/12. (mr1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

THE VERACITY GROUP, INC. et al.,
Plaintiff,
vs.
COOPER-ATKINS CORPORATION,
Defendant.

:
:
:
:
:
:
:
:
:

Case No. 1:11-cv-526

Judge Timothy S. Black
Magistrate Judge Stephanie K. Bowman

ORDER GRANTING DEFENDANT’S MOTION TO STAY DISCOVERY (Doc. 20)
This case is currently before the Court on Defendant’s Motion to Stay Discovery or,
in the Alternative, for a Protective Order (Doc. 20) and the parties’ responsive memoranda
(Doc. 21, Doc. 22).
“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 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 Dismiss for Failure to State a Claim
(Doc. 10) presents preliminary legal questions that may or may not resolve the case. The
brief delay in discovery is outweighed by the need to take a close look at the motion to
dismiss. Therefore, Defendant’s motion is GRANTED and all discovery is hereby
ORDERED STAYED pending the Court’s ruling on Defendant’s Motion to Dismiss
(Doc.10).

IT IS SO ORDERED.
Date: 1/18/2012
Timothy S. Black
United States District Judge