Old Dominion Seeks Discovery Stay While Motion to Dismiss Is Pending
No discovery deadline should be set in an Illinois Biometric Privacy Act (BIPA) lawsuit while defendant Old Dominion Freight Line's motion to dismiss is pending, said the defendant in a Tuesday status report (docket 1:23-cv-2187) in U.S. District Court for…
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Northern Illinois in Chicago. If discovery goes forward, nine months for completing fact discovery “is appropriate,” said Old Dominion, giving a March 22 date. Plaintiffs in the case assert BIPA violations related to fingerprints collected by Old Dominion’s time clock system. The company said Rule 26(a)(1) disclosures shouldn’t be made unless the court denies its motion to dismiss. If disclosures are required while the motion is pending, the defendant proposed a July 13 deadline to prepare. Old Dominion moved to dismiss the second amended complaint Friday (see 2306200038); plaintiffs’ response to the motion is due July 17, with defendant’s reply due July 31. The parties are attempting to negotiate the parameters of private mediation but haven't reached agreement.