Bloomsybox.com LLC v. Userway, Inc.
1:24-cv-00844
| D. Del. | May 28, 2025Background
- BloomsyBox.com operates an e-commerce site selling flowers and engaged UserWay, which provides website accessibility software, purportedly to shield it from ADA litigation and provide legal support.
- Despite using UserWay’s services, BloomsyBox was sued for noncompliance with the ADA.
- BloomsyBox initiated a putative class action against UserWay alleging breach of contract, consumer fraud, Magnuson-Moss Warranty Act violations, and negligent misrepresentation.
- The parties initially agreed to mediate, but mediation fell through when UserWay was unavailable for all proposed dates and a new mediation could not be scheduled until August 2025.
- UserWay filed a motion to dismiss and then moved to stay discovery pending resolution of that motion; BloomsyBox proposed a compromise permitting limited initial discovery.
- The Court considered whether to stay discovery entirely, partially, or not at all, in light of the failed mediation and pending motion to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to stay discovery | Opposed complete stay; proposed limited, non-burdensome discovery | Argued discovery is burdensome and should be stayed | Partial stay granted; limited initial discovery allowed |
| Prejudice from delay | Further delay would compound prejudice due to already failed mediation | Discovery costs would unduly burden Defendant | Court found more prejudice to Plaintiff |
| Simplification of trial issues | Not a significant factor; most discovery stages not yet reached | Argued dismissal would resolve all issues | Factor found neutral |
| Status of litigation | Early stage; supports limited discovery to move case forward | Early stage warrants full stay | Factor found neutral |
Key Cases Cited
- United States v. Schiff, 602 F.3d 152 (3d Cir. 2010) (district courts have broad discretion over discovery management)
- Sempier v. Johnson & Higgins, 45 F.3d 724 (3d Cir. 1995) (court discretion to stay proceedings)
- Clinton v. Jones, 520 U.S. 681 (1997) (standards for granting a stay and movant's burden)
