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Cohen v. Saraya USA Inc.

Discovery Stay Motion Is Granted But Discovery's Bifurcation Is Premature

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MEMORANDUM ORDER Before the Court is Defendant Saraya USA, Inc.’s (“Defendant”) motion to stay discovery, pursuant to Federal Rule of Civil Procedure 26(c), pending a decision on its anticipated motion to dismiss Plaintiff Dalit Cohen’s (“Plaintiff”) Complaint (ECF No. 13), which is opposed by Plaintiff. (ECF No. 14.) For the reasons stated herein, Defendant’s motion to stay discovery pending resolution of the motion is GRANTED. BACKGROUND Plaintiff asserts claims against Defendant on behalf of herself and others similarly situated for violations of New York’s Consumer Protection from Deceptive Acts and Practices Act, New York General Business Law (“GBL”) §§349 and 350 et seq., alleging Defendant’s “labelling, marketing and advertising” of its “Lakanto Monk fruit Sweetener” product line, which contains “golden” and “classic” sugar substitutes and related products (“the Products”), “uniformly involves multiple false and misleading statements, as well as material omissions of fact,” that have resulted in injury to Plaintiff and other consumers of the Products. (ECF No. 1 at

8, 63, 70) Specifically, Plaintiff asserts Defendant “trick[ed]” Plaintiff and the class “ into buying a sugar substitute product and alternative sweetener that is entirely different from what they sought at the time of purchase[,]” and the Products’ “ zero net carbs” and “zero calorie” labels are false. (Id. at

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