United States v. LabQ Clinical Diagnostics, LLC

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: Soccer SK DATE FILED:_02/21/2025 UNITED STATES OF AMERICA, et al., :

Plaintiffs, : : 22-cv-10313 (LJL) -v- : LABQ CLINICAL DIAGNOSTICS, LLC et al., : Defendants. : ORDER

wn ee KX LEWIS J. LIMAN, United States District Judge: The motion of Defendants for a stay of discovery is denied. ““A motion to dismiss does not automatically stay discovery, except in cases covered by the Private Securities Litigation Reform Act.” Hong Leong Finance Limited (Singapore) v. Pinnacle Performance Ltd., 297 F.R.D. 69, 72 (S.D.N.Y. 2013). Defendants have not made the requisite “strong showing” that the motion to dismiss will succeed, at least in its entirety and to a degree that would impact discovery. The breadth of discovery does not justify a stay, particularly in light of the fact that the Defendants have yet to respond to merits discovery requests. Finally, the Government has made a showing that it would be prejudiced by a stay. See Bertrand v. Department of Education, Archdiocese of N.Y., 2023 WL 2776015 (S.D.N.Y. Apr. 4, 2023) (denying motion for stay). The Court also denies the request in the alternative for a discovery “pause.” Dkt. No. 353 at 4. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 348.

SO ORDERED. a I we fo: Dated: February 21, 2025 Ao New York, New York LEWIS J. LIMAN United States District Judge