Ophir v. Koneksa Health Inc
1:23-cv-09145
| S.D.N.Y. | Jan 4, 2024Background
- Plaintiff Gol Ophir filed a complaint against Koneksa Health Inc. and Christopher Benko alleging age discrimination, unequal pay, and retaliation under federal, state, and city law.
- The defendants filed a motion to dismiss the complaint under Rule 12(b)(6), arguing the claims were inadequately pled.
- Defendants requested a stay of discovery pending the outcome of their motion to dismiss, contending it would avoid unnecessary burden and expense.
- No discovery requests had yet been served by either party at the time of the request.
- The action had only been pending for about two months, with discovery deadlines already set by the court.
- The court denied the defendants' request to stay discovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Stay of Discovery | Discovery should proceed as scheduled | Stay necessary to avoid burdensome, premature discovery on weak claims | Denied; standard discovery burden |
| Strength of Motion to Dismiss | Not directly addressed | Motion likely to narrow or eliminate claims, making stay efficient | Motion not fully briefed; unclear |
| Prejudice from Delay | Delay harms plaintiff's ability to secure evidence | No prejudice since discovery requests not yet served and early in litigation | Slightly favors plaintiff |
| Discovery Burden | Standard employment discovery, not unduly burdensome | Discovery would be substantial, especially for corporate defendant | Standard, thus not exceptional |
Key Cases Cited
- Republic of Turkey v. Christie’s, Inc., 316 F. Supp. 3d 675 (S.D.N.Y. 2018) (outlines factors for granting a stay of discovery pending motion to dismiss)
- Hong Leong Fin. Ltd. (Singapore) v. Pinnacle Performance Ltd., 297 F.R.D. 69 (S.D.N.Y. 2013) (discusses court's discretion to stay discovery for good cause)
