In the matter of Vaccaro v. APS Healthcare Bethesda, Inc., C.A. 9637-VCG (February 23, 2015), APS asked the Court of Chancery to stay discovery pending a ruling by the United States District Court for the District of Delaware on Vaccaro's Motion to Dismiss. The Motion to Stay, which is addressed in the discretion of the Court, was ultimately denied. The Court of Chancery noted that while the Motion pending in the District Court will impact the analysis of whether the issues should be pursued in the state or federal forum, "it is unlikely. . .to obviate the need for discovery in all forums." Id. at *2. The Court was mindful that proceeding with discovery may not be entirely efficient. However, the Court concluded that APS "failed to meet their burden to show that such considerations outweigh the need for a reasonably swift preparation for trial, including persevering recollections of events, which, like all human memories, tend to be ephemeral." Id.
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