Order | Filed: September 03, 2026
| Entered: September 03, 2026
Ocampo v. Central Islip School District et al
Civil Rights: Jobs | New York Eastern
Order on Motion for Pre Motion Conference Order on Motion to Stay
ORDER granting 21 Motion to Stay.
The parties have jointly moved for a stay of discovery on Plaintiff's ADA confidentiality claim pending the anticipated motion to dismiss. "Under Fed. R. Civ. P. 26(c), a district court may stay discovery during the pendency of a dispositive motion for 'good cause' shown." Alloway v. Bowlero Corp., No. 2:24-CV-04738 (SJB) (JMW), 2025 WL 1220185, at *1 (E.D.N.Y. Apr. 28, 2025) (citing Hearn v. United States, No. 17-CV-3703, 2018 WL 1796549, at *2 (E.D.N.Y. Apr. 16, 2018)). "[D]istrict courts have considered the following factors in determining whether a stay of discovery is appropriate pending the outcome of a dispositive motion: (1) whether the defendant has made a strong showing that the plaintiffs claim is unmeritorious; (2) the breadth of discovery and the burden of responding to it; and (3) the risk of unfair prejudice to the party opposing the stay." Long Island Hous. Servs., Inc. v. Nassau Cty. Indus. Dev. Agency, No. 14-CV-3307, 2015 WL 7756122, at *2 (E.D.N.Y. Dec. 1, 2015) (quotations omitted). The Court concludes that a stay is appropriate considering (1) the merits of the anticipated motion, (2) the fact that there is no indication that discovery is appropriate or necessary pending resolution of the motion, (3) that Plaintiff will not be prejudiced in any way during the stay. Indeed, Plaintiff has consented to a stay of discovery. Accordingly, the limited motion to stay discovery as to Plaintiff's ADA confidentiality claim pending a decision on the anticipated motion to dismiss is granted.
Moreover, the Court waives the pre-motion conference requirement and adopts the parties' briefing schedule as follows:
(i) Defendants' moving papers shall be filed and served on or before September 18, 2026;
(ii)Plaintiff shall file and serve opposition to the motion on or before October 16, 2026; and
(iii)Defendants' reply papers to be filed and served on or before October 30, 2026.
So Ordered by Magistrate Judge James M. Wicks on 9/3/2026. (JAF)