Judge Denies Parler Motion to Stay Discovery in TCPA Case
U.S. District Judge Roy Altman for Southern Florida in Fort Lauderdale denied Parler’s motion to stay discovery in the Telephone Consumer Protection Act complaint it’s defending (see 2211250001) until its Nov. 23 motion to compel arbitration, to transfer the venue…
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to U.S. District Court for Nevada, or to dismiss the case is resolved, said his paperless order Monday (docket 0:22-cv-61805). He cited case law that frowns on delaying or prolonging discovery because it can create case management problems that cause unnecessary litigation expenses. Parler failed to establish that staying discovery is warranted, said Altman. Its sole justification for requesting a stay “is that its pending motion to dismiss, compel arbitration, and transfer venue might eliminate the need for discovery,” he said. “But that could be said about nearly all motions to dismiss.” Parler has done nothing to establish a "specific showing of prejudice or burdensomeness," he said. It hasn't, for example, “pointed to extraordinary costs or to a long-awaited ruling on a dispositive motion or to a particularly dubious complaint,” he said. Parler “has not established that a stay would be reasonable or that there is good cause for the request in this case,” he said.