12 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Chudasama v. Mazda Motor Corp.
123 F.3d 1353 (11th Cir. 1997) Cited 1,222 times
Holding that a motion to dismiss challenging the legal sufficiency of a claim should be resolved before discovery begins
Landry v. Air Line Pilots Ass'n Intern
901 F.2d 404 (5th Cir. 1990) Cited 415 times 1 Legal Analyses
Holding that it would be "incongruous" to prohibit a RICO person to also be the RICO enterprise, but to allow the enterprise to be held vicariously liable
Chavous v. District of Columbia Financial Responsibility & Management Assistance Authority
201 F.R.D. 1 (D.D.C. 2001) Cited 245 times
Concluding that stay discovery pending a decision on a dispositive motion that may resolve the case "furthers the ends of economy and efficiency, since if either [parties'] dispositive motion is granted, there will be no need for discovery"
Johnson v. New York Univ. School of Educ.
205 F.R.D. 433 (S.D.N.Y. 2002) Cited 123 times
Finding that a stay of discovery was proper where plaintiff failed to demonstrate prejudice by a stay
Beck v. Dobrowski
559 F.3d 680 (7th Cir. 2009) Cited 69 times
Holding that plaintiff failed to plausibly allege economic loss where he alleged that "shareholders would have rejected the merger and by doing so have reaped the economic benefits of continuing to own [] shares" without alleging that other more lucrative options existed for the company
Am. Bank v. City of Menasha
627 F.3d 261 (7th Cir. 2010) Cited 21 times 1 Legal Analyses
Observing that class action plaintiffs sometimes "us[e] discovery to impose asymmetric costs on defendants in order to force a settlement advantageous to the plaintiff regardless of the merits of his suit"
DSM Desotech Inc. v. 3D Systems Corporation
No. 08 CV 1531 (N.D. Ill. Oct. 28, 2008) Cited 18 times
Finding bifurcation inappropriate because it would prejudice plaintiff and defendant failed to show that such prejudice was outweighed by other considerations
Sprague v. Brook
149 F.R.D. 575 (N.D. Ill. 1993) Cited 17 times
Staying discovery because the "sole result of such discovery, pending the resolution of the OPM's motion [to dismiss], would be cost and inconvenience, which would impose an undue burden on the time and resources of [defendant] and its agents."
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 97,825 times 674 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Lightspeed Media Corporation v. Smith et al

12 Cited authorities

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that a motion to dismiss challenging the legal sufficiency of a claim should be resolved before discovery begins

Holding that it would be "incongruous" to prohibit a RICO person to also be the RICO enterprise, but to allow the enterprise to be held vicariously liable

Concluding that stay discovery pending a decision on a dispositive motion that may resolve the case "furthers the ends of economy and efficiency, since if either [parties'] dispositive motion is granted, there will be no need for discovery"

Finding that a stay of discovery was proper where plaintiff failed to demonstrate prejudice by a stay

Holding that plaintiff failed to plausibly allege economic loss where he alleged that "shareholders would have rejected the merger and by doing so have reaped the economic benefits of continuing to own [] shares" without alleging that other more lucrative options existed for the company

Observing that class action plaintiffs sometimes "us[e] discovery to impose asymmetric costs on defendants in order to force a settlement advantageous to the plaintiff regardless of the merits of his suit"

Finding bifurcation inappropriate because it would prejudice plaintiff and defendant failed to show that such prejudice was outweighed by other considerations

Staying discovery because the "sole result of such discovery, pending the resolution of the OPM's motion [to dismiss], would be cost and inconvenience, which would impose an undue burden on the time and resources of [defendant] and its agents."

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Adopting Fed.R.Civ.P. 37

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"