CourtListener 10347871•Woods v. Heywood
Texte intégral
7ermont Superior Court
Filed 12/11/24
Washington Unit
SUPERIOR COURT CIVIL DIVISION
Washington Unit Case No. 24-CV-03459
65 State Street
Montpelier VT 05602
802-828-2091
www.vermontjudiciary.org
George Woods v Tina Heywood et al
Opinion and Order on the Defendants' Motion to Stay
Before the Court is the Defendants' motion to stay. They seek an order
staying discovery pending the Court's consideration of their pending motion to
dismiss, which is based on immunity claims and estoppel. The Court makes the
following determinations.
The Court has the power to issue the requested stay as it falls within the
scope of the discretion granted by its inherent authority and by Rule to manage its
docket and the conduct of discovery. Landis v. N. N. Co., 299 U.S. 248, 254-55
(1936) (The "power to stay proceedings is incidental to the power inherent in every
court to control the disposition of the causes on its docket with economy of time and
effort for itself, for counsel, and for litigants. How this can best be done calls for the
exercise of judgment, which must weigh competing interests and maintain an even
balance"); Vt. R. Civ. P. 26(c) and (d) (court has authority to issue protective orders
regarding discovery and to manage "sequence and timing of discovery").
Such stays, however, are "not favored," Chrysler Corp. v. Makovec, 157 Vt. 84,
86-87 (1991), and are not the norm. The Civil Rules do not suggest that the filing
of a dispositive motion will stay discovery, and ordering a stay whenever such a
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motion is filed would result in significant overall delay in the disposition of the
Court’s docket.
Nonetheless, courts across the country have often issued stays of discovery
pending resolution of threshold matters concerning immunity or jurisdiction. See,
e.g., Siegert v. Gilley, 500 U.S. 226, 231–32 (1991) (deferring discovery pending issue
of immunity); Gilbert v. Ferry, 401 F.3d 411, 415–16 (6th Cir.2005) (stay
appropriate pending ruling on a dispositive jurisdictional issues). Outside of those
discrete areas, federal courts have developed various tests to determine whether a
stay of discovery is warranted in a particular case. See, e.g., Gibbs v. Carson, No. C-
13-0860 TEH (PR), 2014 WL 172187, at *3 (N.D. Cal. Jan. 15, 2014); Morgan v.
Clements, No. 12-CV-00936-REB-KMT, 2012 WL 3130768, at *1–2 (D. Colo. July 31,
2012); Thompson v. Ret. Plan for Emps. of S.C. Johnson & Sons, Inc., No. 07-CV-
1047, 2008 WL 4964714, at *10 (E.D. Wis. Nov. 14, 2008).
Ultimately, the tests share the similar values: will the underlying motion
have a significant impact on the case and/or discovery; will discovery be needed to
resolve the motion; and what is the prejudice to the parties and to reaching
resolution of the case if a stay is enacted?
In this case, the Defendants have persuaded that Court that a stay of
discovery is appropriate. First, the pending motion presents significant legal issues
that should, if possible, be resolved at the very beginning of the action. Second, the
questions can be resolved as legal questions without benefit of discovery. Third, the
determination of the issue in the Defendants’ favor would likely have a controlling
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impact on the claims against the Defendants. Indeed, a ruling in favor of
Defendants would result in dismissal of the action.
Finally, the Court believes the balance of prejudice weighs in favor of a stay.
Some of Plaintiff’s pending requests for discovery have been filed, and he seeks
multifaceted productions from Defendants. They indicate that some, at least, of
those requests would be opposed. Resolving such issues would consume time and
resources of the parties and of the Court. Against the Defendants have raised
powerful arguments for dismissal that may avoid such an undertaking. Briefing on
their motion is nearly complete. The Court believes it most appropriate to resolve
that motion before permitting discovery in this action. See 8A Charles Alan Wright,
et al., Fed. Prac. & Proc. § 2040, at 198 (3d ed.) (“a court may decide that in a
particular case it would be wise to stay discovery on the merits until [certain
challenges] have been resolved”); DeBoskey v. SunTrust Mortg., Inc., No. 8:14-CV-
1778-MSS-TGW, 2017 WL 10425448, at *2 (M.D. Fla. Jan. 12, 2017) (granting stay
pending resolution of dispositive motion).
Conclusion
For the foregoing reasons, the Defendants’ Motion to Stay is granted until
further order following the Court’s ruling on the pending motion to dismiss.
Electronically Signed on December 11, 2024, per V.R.E.F. 9(d)
__________________________
Timothy B. Tomasi
Superior Court Judge
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