UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: _________________ ----------------------------------------------------------------------- X DATE FILED: 4/22/2022 : JIMMY SAMUEL, : : Plaintiff, : 1:22-cv-2404-GHW : -against- : ORDER : CITY OF NEW YORK, THE NEW YORK AND : PRESBYTERIAN HOSPITAL, CITY OF NEW : YORK EMPLOYEES JOHN DOE (1-10), : INDIVIDUALLY AND IN THEIR OFFICIAL : CAPACITY, NEW YORK AND PRESBYTERIAN : EMPLOYEE JOHN DOES (1- 10), INDIVIDUALLY : AND IN THEIR OFFICIAL CAPACITY, : : Defendants. : : ---------------------------------------------------------------------- X

GREGORY H. WOODS, District Judge: Defendants’ requests to file motions to dismiss are granted. Defendants’ motions are due no later than May 6, 2022. Plaintiff’s opposition is due within twenty-one days after service of Defendants’ motion. Defendants’ replies, if any, are due within seven days after service of Plaintiff’s opposition. In addition, discovery in this case is stayed pending briefing and resolution of Defendants’ motion to dismiss. A motion to dismiss does not automatically stay discovery, except in cases covered by the Private Securities Litigation Reform Act. See Brooks v. Macy’s, Inc.,

, at *1 (S.D.N.Y. Dec. 21, 2010) (citing cases), reh’g denied,

(S.D.N.Y. Apr. 8, 2011). Thus, “discovery should not be routinely stayed simply on the basis that a motion to dismiss has been filed.” Moran v. Flaherty,

, at *1 (S.D.N.Y. Sept. 25, 1992). But “upon a showing of good cause a district court has considerable discretion to stay discovery” pursuant to Federal Rule of Civil Procedure 26(c). Integrated Sys. & Power, Inc. v. Honeywell Int’l, Inc.,

, at *1 (S.D.N.Y. Sept. 1, 2009); see also Hong Leong Fin. Ltd. (Singapore) v. Pinnacle Performance

(S.D.N.Y. 2013). “In determining whether good cause exists, courts consider: (1) whether a defendant has made a strong showing that the plaintiff's claim 1s unmeritorious; (2) the breadth of discovery and the burden of responding to it; and (3) the risk of unfair prejudice to the party opposing the stay.” Trustees of New York City Dist. Council of Carpenters Pension Fund v. Showtime on Piers LLC, No. 19-CV-07755 (VEC),

, at *1 (S.D.N.Y. Dec. 19, 2019).

Here, there is good cause for a stay, including because of the nature of Defendants’ arguments that Plaintiffs claims are unmeritorious. Accordingly, discovery is stayed pending briefing and resolution of Defendants’ motions to dismiss.

SO ORDERED. Dated: April 22, 2022 1 5 L Owed New York, New York GREGORY . WOODS United States District Judge