In Thornton v. DaVita HealthCare Partners., Inc., No. 13-cv-00573-RBJ-KMT, 2013 U.S. Dist. LEXIS 145458 (D. Colo. Oct. 8, 2013), the plaintiffs filed a class action alleging various causes of action in the wake of a recall of certain brands of dialysis equipment. The case grew rapidly, and eventually involved several consolidated complaints.
The defendants filed a comprehensive motion to dismiss. With it, they filed a motion to stay the litigation until the court had decided the dispositive motion. Motions to stay do not always get traction with courts; they’re often viewed as merely a delaying tactic. This time, however, … Continue Reading