UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
September 14, 2012
DR. PETER A. NICOLINO, PLAINTIFF,
PATCHOGUE-MEDFORD SCHOOL DISTRICT, PATCHOGUE-MEDFORD SCHOOL DISTRICT BOARD OF EDUCATION, BRETT P. HOUDEK, WILLIAM LAVELLE, MICHAEL J. LOCANTORE, AND NEIL KATZ, DEFENDANTS.
The opinion of the court was delivered by: E. Thomas Boyle United States Magistrate Judge
The defendants have raised substantial issues in support of their pending motion to dismiss, which, if successful, will eliminate, or at least reduce, not only the cost of discovery litigation, but also, and even more potentially costly, the time of school personnel in addressing discovery issues. The defendants have made an adequate showing of entitlement to relief under Rule 26(c) of the Federal Rules of Civil Procedure, under which a showing of "good cause" is the necessary predicate for entitlement to a stay of discovery pending the outcome of a motion to dismiss. See Ellington Credit Fund, Ltd. v. Select Portfolio Servs., No. 08 Civ. 2437, 2009 U.S. Dist. LEXIS 7905, at *3 (S.D.N.Y. Feb. 3, 2009) ("Under Rule 26(c) of the Federal Rules of Civil Procedure, a court may, in its discretion, stay discovery for 'good cause.'"); Telesca v. Long Island Housing P'ship, Inc., No. CV 05-5509, 2006 U.S. Dist. LEXIS 24311, at *3-4 (E.D.N.Y. Apr. 27, 2006) ("Under Federal Rule of Civil Procedure 26(c), a district court may stay discovery during the pendency of a motion to dismiss for 'good cause shown."); American Booksellers Ass'n v. Houghton Mifflin Co., No. 94 Civ. 8566, 1995 U.S. Dist. LEXIS 2044, at *2(S.D.N.Y. Feb. 21, 1995) ("'Good cause' [to stay discovery] requires a showing of facts militating in favor of the stay.").
Accordingly, all discovery is stayed pending the outcome of the defendant's motion to dismiss.
The initial conference scheduled for September 27, 2012 is adjourned sine die pending the outcome of the motion to dismiss.
E. Thomas Boyle
© 1992-2012 VersusLaw Inc.