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`IN THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT,
`IN AND FOR PALM BEACH COUNTY, FLORIDA
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`CHENEY BROS, INC.,
`a Florida Corporation
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`Plaintiff,
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`vs.
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`WESLEY RICHARDS,
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`Defendant.
`_____________________________/
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`Case No. 2023-CA-001432
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`NOT A CERTIFIED COPY
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`MOTION TO STAY DISCOVERY PENDING RESOLUTION OF
`DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT
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`COMES NOW the Defendant, WESLEY RICHARDS, by and through his undersigned counsel,
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`and files this Motion to Stay Discovery and states as follows:
`1. Plaintiff served Defendant with a Summons and Complaint on February 21, 2022.
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`2. In response, Defendant filed a Motion to Dismiss, which, if granted, will be dispositive of
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`the case unless and until such time as Plaintiff is given an opportunity to amend the
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`Complaint and is able to successfully do so.
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`3. On March 9, 2023 and again on March 10, 2023, counsel for the Plaintiff requested dates
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`of availability in order to schedule Defendant’s deposition.
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`4. On March 10, 2023, Plaintiff also filed a Notice of Production from Non-Parties, First
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`Interrogatories to Defendant and Request for production of Documents to Defendant.
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`5. Defendant has no objection to Plaintiff issuing the Subpoena Duces Tecum and will not
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`be filing an objection under Fla.R.Civ.P. 1.351(b) to the Notice of Production from Non-
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`Parties.
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`6. However, Defendant should not be required to respond to the other discovery requests
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`or have his deposition taken until the Court rules on his Motion to Dismiss.
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`*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 03/20/2023 04:29:53 PM ***
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`7. Plaintiff will not be prejudiced by the granting of a Motion to Stay Pending Resolution of
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`Defendant’s Motion to Dismiss since no trial or pretrial deadlines have been established.
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`8. Defendant will be prejudiced as he will be required to defend this action prior to a ruling
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`on his Motion to Dismiss.
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`MEMORANDUM OF LAW
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`Defendant filed a dispositive Motion to Dismiss which is pending before the Court. This
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`NOT A CERTIFIED COPY
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`Court has broad discretion in determining the scope and timing of discovery and to stay
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`discovery pending the resolution of dispositive motions. Gross v. Sec. Tr. Co., 453 So. 2d 944
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`(Fla. 4th DCA 1984). The Court should exercise this discretion until such time it is established
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`that Plaintiff’s Complaint states a cause of action. Carrow v. Fla. Bar, 848 So. 2d 1283 (Fla. 2d
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`DCA 2003)(discovery may be stayed until such time as the plaintiff files a legally sufficient
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`complaint).
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`Since the Florida Rules of Civil Procedure are modeled after the Federal Rules of Civil
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`Procedure, the Federal Rules provide guidance for Florida courts in interpreting Florida's Rules
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`of Civil Procedure. Bailey v. Brenda Lee Beal, 2020 Fla. Cir. LEXIS 15534 citing Gleneagle Ship
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`Management Co. v. Leondakos, 602 So. 2d 1282, 1283-84 (Fla. 1992). The grounds asserted in
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`Defendant’s Motion to Dismiss are based solely upon allegations set forth in Plaintiff’s
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`Complaint and constitute a direct attack on the sufficiency of those allegations, which can be
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`decided without the need for discovery. Chudasama v. Mazda Motor Corp., 123 F.3d 1353,
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`1367 (11th Cir. 1997) (“Facial challenges to the legal sufficiency of a claim or defense should.be
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`resolved before discovery begins. Such a dispute always presents a purely legal question; there
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`are no issues of fact because the allegations in the pleadings are presumed to be true.") (citing
`Mitchell v. Duval County Sch. Bd., 107 F.3d 837, 838 n.l (11th Cir. 1997) (per curiam)).
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`Such a stay will prevent the Defendant from unnecessary expenditure of resources until
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`such time as Plaintiff has established a cause of action. Additionally, granting of the Motion to
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`Stay will also promote efficiency and judicial economy as there will not be discovery issues to
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`be resolved by the Court. Based on the foregoing, the Defendant respectfully requests that this
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`Court order staying discovery until a ruling on Defendant's Motion to Dismiss.
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`CERTIFICATION OF CONFERRAL
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`Prior to filing this Motion, the undersigned conferred with counsel for the Plaintiff who
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`has authorized me to represent that the Plaintiff opposes a stay of discovery.
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`Dated: March 20, 2023
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`Respectfully submitted,
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`NOT A CERTIFIED COPY
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`/s/Beth Coke
`Beth Coke
`Fla. Bar. #70726
`Beth@cokeemploymentlaw.com
`Coke Employment Law
`131 N. 2nd Street, Suite 204
`Fort Pierce, Fl. 34950
`Telephone: (772) 252-4230
`Facsimile: (772) 252-4575
`Attorney for Defendant
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`CERTIFICATE OF SERVICE
`I HEREBY CERTIFY that a copy of the foregoing document is being filed on March 20,
`2023, through the Florida Court E-Filing Portal, which will automatically serve a copy on David S.
`Tadros , Wyland & Tadros LLP, the attorney for the Plaintiff.
`/s/ Beth Coke
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`3
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