Under Florida law, a trial court does not have the discretion to stay discovery based solely on a pending motion to dismiss that is alleged to be “dispositive.” Rather, Florida law is clear that the pendency of a motion to dismiss, in and of itself, is not sufficient good cause to stay discovery. See Maris Distributing Co. v. Anheuser-Busch, Inc., 710 So. 2d 1022, 1025 (Fla. 1st DCA 1998)(“trial court may limit discovery only when the moving party has made an affirmative showing of good cause.”); See also Orlando Sports Stadium, Inc. v. Sentinel Star Co., 316 So. 2d 607, 611 (Fla. 4th DCA 1975) (finding no good cause for stay of discovery due to pending motion to dismiss). Florida Rule of Civil Procedure 1.280, which governs discovery generally in Florida state courts, also contemplates that discovery will proceed even with a pending, allegedly dispositive motion to dismiss.
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