Court of Chancery Grants Stay of Discovery Pending Dispositive Motion
Airborne Health Inc. v. Squid Soap, LP., No. 4410-VCL (Del. Ch., Oct. 28, 2009), read letter ruling here.
In this two-page letter decision, the Court of Chancery cited to several cases to support its position that whether or not to stay discovery is a discretionary matter for the Court, and reasoned that a potentially case-dispositive motion at the beginning of the case is a "frequent and logical predicate for the Court to consider granting a stay." In addition to listing the various factors taken into consideration when ruling on such a motion, the Court observed that it expects to rule shortly on the motion for judgment on the pleadings--as an added justification for granting the motion to stay discovery. In closing, the Court reminded the parties of their obligation to preserve documents and evidence pending the stay.
