Motion,Ex Parte: Woolley, Mason vs. Mount Holyoke College

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                                COMMONWEALTH OF MASSACHUSETTS

 

HAMPSHIRE, s.s. D
ss AANPSHALSUBERORCOURT
MASON WOOLLEY, APRI 2089
Plaintiff, HARRYJLKANUWSKI UP

v. CLERKIMA REFER on 5

MOUNT HOLYOKE COLLEGE,

Defendant.

 

 

DEFENDANT’S EMERGENCY MOTION
FOR PROTECTIVE ORDER AND TO STAY DISCOVERY
PENDING DECISION ON MOTION FOR SUMMARY JUDGMENT

Pursuant to Rule 26(c) of the Massachusetts Rules of Civil Procedure, Defendant Mount
Holyoke College (the “College” or “Defendant”) respectfully requests, on an emergency basis,
that this Honorable Court:

(A) _ issue a protective order as to the Plaintiffs “Request by the Plantiff[sic] for
Production of Documents by the Defendant” (the “Discovery Requests”) propounded on
Defendant;

(B) _ stay further discovery by Plaintiff pending a decision by this Court on
Defendant’s pending unopposed Motion for Summary Judgment (“Motion for Summary
Judgment”); and

(C) inthe event that Defendant’s unopposed Motion for Summary Judgment is
denied, permit Defendant thirty (30) days from the date of the Court’s decision to respond to
Plaintiff's Discovery Requests.

This Motion is filed on an emergency basis because (i) the pending Motion for Summary

Judgment was filed on March 28 after the Plaintiff failed to respond, and (ii) the Court may not

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Wetter ahave time to rule on that motion before April 3, 2019, when the Defendant is obligated to
respond to Plaintiffs Discovery Requests

As grounds for this motion, Defendant states as follows:

1. Given that Defendant’s unopposed Motion for Summary Judgment is presently
pending before the Court, it is appropriate for this Court, in its discretion, to stay discovery and
thereby conserve the resources of the parties and the Court.

2. In the likely event that the pending unopposed Motion for Summary Judgment is
granted, there will be no need for the parties to expend time and money responding to discovery
requests. Even if the Motion for Summary Judgment is denied in part, the Court’s ruling would
impact the nature and scope of relevant discovery.

3. A stay of discovery, therefore, will likely prevent the Defendant from having to
respond to premature, overbroad, and unduly burdensome discovery, and will promote the
interests of judicial economy

4, Staying discovery at this early juncture in the case will not prejudice the Plaintiff,
as he only recently filed the lawsuit on January 23, 2019, and no discovery has been conducted
to date.

5. Staying discovery at this early juncture in the case will not impact the Tracking
Order, as no trial date has been set and the discovery period is not scheduled to end until
November 19, 2019.

CONCLUSION

For all of the foregoing reasons, Defendant respectfully requests that this Honorable
Court:

(A) _ issue a protective order as to the Plaintiff's Discovery Requests propounded on

Defendant pending a decision by this Court on Defendant’s Motion for Summary Judgment;
2(8) _ stay further discovery by Plaintiff pending a decision by this Court on
Defendant’s Motion for Summary Judgment; and

@) in the event that Defendant’s unopposed Motion for Summary Judgment is
denied, permit Defendant thirty (30) days from the date of the Court’s decision on Defendant’s

Motion for Summary Judgment to respond to Plaintiff's Discovery Requests.

CERTIFICATE OF COMPLIANCE WITH SUPERIOR COURT RULE 9C

Pursuant to Superior Court Rule 9C, the undersigned counsel for Defendant hereby
certifies that she attempted to meet and confer with the Plaintiff, Mason Woolley, prior to filing
this motion, in a good faith effort to resolve or narrow the issues raised by this Motion, but was

unsuccessful. Plaintiff did not respond to Defendant’s request to meet and confer on March 28,

2019,

Respectfully submitted,
MOUNT HOLYOKE COLLEGE

By its attorneys,

HOLLAND & KNIGHT LLP

    

- Lanntwn, Je-{BBO #563404)
paul. lannon@hklaw.com

Stephanie M. Merabet (BBO #688015)
stephanie. merabet@hklaw.com
HOLLAND & KNIGHT LLP

10 St. James Avenue

Boston, MA 02116

(617) 523-2700

Dated: March 29, 2019CERTIFICATE OF SERVICE

Ihereby certify that on March 29, 2019, I served the within Emergency Motion for
Protective Order and to Stay Discovery Pending Decision on Motion for Summary Judgment on

the Plaintiff by E-Mail (masonlawemail@gmail.com) and First-Class Mail to Plaintiff's address of
record:

Mason Woolley
434 North Pleasant Street
Amherst, Massachusetts.