Noble Talents LLC LLC v. Asch
Noble Talents LLC LLC v. Asch
Trial Court Opinion
USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED NOBLE TALENTS LLC, NOBLE CAPITAL DOC #; ______ INTERNATIONAL LLC, and NOBLE MARKETS, DATE FILED: _2/13/2020 □□ LLC, Plaintiffs, -against- 19 Civ. 11020 (AT) MARC ASCH, Individually and as the Alter Ego of ORDER MEA INVESTMENTS LLC, and MEA INVESTMENTS LLC, Defendants. ANALISA TORRES, District Judge: On December 20, 2020, the Court ordered the parties to submit a joint letter and proposed case management plan by February 12, 2020. ECF No. 11. On February 12, 2020, the parties submitted a joint letter, but did not submit a proposed case management plan. ECF No. 14. Instead, their joint letter requested “a stay of the commencement of formal discovery” because of the possibility that Plaintiffs may file a motion to amend the complaint, or that Defendants may move to dismiss. Jd. at 2. It is well established that “discovery should not be routinely stayed simply on the basis that a motion to dismiss has been filed.” Hong Leong Fin. Ltd. (Singapore) v. Pinnacle Performance Ltd.,
297 F.R.D. 69, 72(S.D.N.Y. 2013) (internal quotation marks and citation omitted); see
id.(holding that a party must show “good cause for a protective order staying discovery” (internal quotation marks and citations omitted)). That principle applies with even greater force where, as here, Defendants have not yet filed a motion to dismiss, but merely contemplate one. No good cause exists to stay discovery at this time. Accordingly, the parties’ request to stay discovery is DENIED. By February 14, 2020, the parties shall submit a joint proposed case management plan as outlined in the Court’s December 20 initial pretrial conference order. SO ORDERED. Dated: February 13, 2020 New York, New York
ANALISA TORRES United States District Judge
Reference
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