Badgerow v. REJ Properties, Inc. et al

MOTION to Stay Discovery Pending Ruling on Motion for Summary Judgment

E.D. La.March 27, 2019

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA DENISE A. BADGEROW, on behalf of herself and a class of those similarly situated, Plaintiffs, v. REJ PROPERTIES, INC. D/B/A WALTERS, MEYER, TROSCLAIR & ASSOCIATES, AND AMERIPRISE FINANCIAL SERVICES, INC., Defendants * * * * * * * * * * * CIVIL ACTION NO. 2:17-cv-09492 JUDGE JAY C. ZAINEY MAG. JOSEPH C. WILKINSON, JR. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MOTION TO STAY DISCOVERY PENDING RULING ON MOTION FOR SUMMARY JUDGMENT NOW INTO COURT, through undersigned counsel, comes Defendant, REJ Properties, Inc. d/b/a Walters, Meyer, Trosclair & Associates (“REJ”), and respectfully moves this Court, pursuant to Fed. R. Civ. P. 26(c) and this Court’s inherent power, to enter a stay of all discovery in this case until the Court rules on REJ’s pending Motion for Summary Judgment, since this dispositive motion will potentially result in dismissal of most if not all of Plaintiff’s claims and thereby vitiate the need for such discovery. In addition, REJ moves that the Court stay discovery until a ruling on any motion for leave to amend and supplement the original Complaint Badgerow files, since she has indicated she intends to do so. REJ submits that this dilatory and duplicative discovery which is outside the scope of Rule 26, has been interposed by Plaintiff purely to harass REJ and its former employees, to increase costs to REJ, and to confuse and compound this litigation. WHEREFORE, REJ respectfully moves this Court to grant this Motion to Stay Discovery and issue an order precluding any further discovery until after a ruling on REJ’s pending Motion for Summary Judgment, as well as a ruling on Badgerow’s anticipated motion Case 2:17-cv-09492-JCZ-JCW Document 119 Filed 03/27/19 Page 1 of 2 2 259996.1 for leave to file a First Amended and Supplemental Complaint, which Badgerow has indicated she intends to file; and, to award such other relief to REJ that the Court deems necessary and appropriate under the circumstances and to promote judicial efficiency and economy. Respectfully submitted: BREAZEALE, SACHSE & WILSON, L.L.P. By: /s/ Eve B. Masinter E. FREDRICK PREIS, JR. (LA BAR #10704) EVE B. MASINTER (LA BAR #1218), T.A. MATTHEW M. MCCLUER (LA BAR #33970) First Bank & Trust Tower, Suite 1500 909 Poydras Street New Orleans, LA 70112-4004 Telephone: (504) 619-1800 Fax: (504) 617-7928 Email: Fred.Preis@bswllp.com Email: Eve.Masinter@bswllp.com Email: Matthew.McCluer@bswllp.com Attorneys for REJ Properties, Inc. d/b/a Walters, Meyer, Trosclair & Associates CERTIFICATE OF SERVICE I hereby certify that on March 27, 2019, I filed the foregoing Motion to Stay Discovery Pending Ruling on Motion for Summary Judgment electronically with the Clerk of Court using the CM/ECF system, which will provide notice of the filing to all counsel of record. /s/ Eve B. Masinter Eve B. Masinter Case 2:17-cv-09492-JCZ-JCW Document 119 Filed 03/27/19 Page 2 of 2