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Bloomsybox.com LLC v. Userway, Inc.
1:24-cv-00844
| D. Del. | May 28, 2025
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Background

  • 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)
Read the full case

Case Details

Case Name: Bloomsybox.com LLC v. Userway, Inc.
Court Name: District Court, D. Delaware
Date Published: May 28, 2025
Docket Number: 1:24-cv-00844
Court Abbreviation: D. Del.