Patel v. Atlantic Monthly Group LLC
CourtDistrict Court, District of Columbia
Date FiledNovember 10, 2026
DocketCivil Action No. 2026-1329
JudgeJudge Emmet G. Sullivan
StatusPublished
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Full Opinion
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
KASHYAP P. PATEL,
Plaintiff,
v. Civil Action No. 26-1329 (EGS)
ATLANTIC MONTHLY GROUP LLC, et
al.,
Defendants.
MEMORANDUM OPINION
Plaintiff Kashyap P. Patel, the Director of the Federal
Bureau of Investigation (“FBI”), brings this action, alleging
defamation and defamation per se, in response to an article
published by Defendants Atlantic Monthly Group LLC and its staff
writer, Sarah Fitzpatrick (collectively, “Defendants”). Compl.,
ECF No. 10 ¶ 1.1
Pending before the Court is Defendants’ Motion to Stay
Discovery Except Touhy Requests (“Motion to Stay”). See Defs.’
Mot. to Stay Disc. Except Touhy Reqs., ECF No. 16; and Defs.’
Mem. of P. & A. in Supp. of Mot. to Stay Disc. Except Touhy
Reqs. (collectively, “Mot. to Stay”), ECF No. 16-1. Plaintiff
opposes the Motion to Stay, see Pl.’s Opp’n to Defs.’ Mot. to
1 When citing electronic filings throughout this Opinion, the
Court cites to the ECF header page number, not the original page
number of the filed document.
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Stay (“Opp’n”), ECF No. 20; and Defendants have filed a Reply,
see Defs.’ Reply Mem. in Further Supp. of their Mot. to Stay
Disc. Except Touhy Reqs. (“Reply”), ECF No. 22.
On the same day Defendants filed their Motion to Stay, they
also filed a Motion to Dismiss the Complaint (“Motion to
Dismiss”). See Defs.’ Mot. to Dismiss the Compl., ECF No. 15;
and Defs.’ Mem. of P. & A. in Supp. of Defs.’ Mot. to Dismiss
the Compl. (collectively, “Mot. to Dismiss”), ECF No. 15-1.
Plaintiff opposes the Motion to Dismiss, see Pl.’s Opp’n to
Defs.’ Mot. to Dismiss the Compl., ECF No. 19; and Defendants
have filed a Reply, see Defs.’ Reply Mem. in Further Supp. of
Their Mot. to Dismiss the Compl., ECF No. 21. The Motion to
Dismiss is not addressed in this Memorandum Opinion.
As is the norm when a motion to dismiss has been filed and
is pending, discovery has not yet commenced in this matter.
Nevertheless, Defendants seek to initiate third-party discovery
from the Department of Justice (“DOJ”) and FBI pursuant to DOJ’s
Touhy procedures set forth at 28 C.F.R. §§ 16.21-16.29, but also
seek to stay all other discovery. Mot. to Stay, ECF No. 16-1 at
18. They state that they seek to initiate the Touhy process
while the Motion to Dismiss is pending because of the time
involved in such requests and because that process is
independent of any scheduling order involving discovery the
Court may issue. Id. at 18–19. Accordingly, the Motion to Stay
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requests a stay of discovery except for the parties’ Touhy
requests.
Upon careful consideration of Defendants’ Motion to Stay,
the Opposition, the Reply, the applicable law, and for the
reasons discussed below, the Court GRANTS Defendants’ Motion to
Stay Discovery Except Touhy Requests, ECF No. 16.
I. Legal Standard
“It has long been recognized that trial courts are vested
with broad discretion to manage the conduct of discovery.”
Chavous v. Dist. of Columbia Fin. Responsibility & Mgmt.
Assistance Auth., 201 F.R.D. 1, 2 (D.D.C. 2001) (citing Brennan
v. Local Union No. 639, Int’l Bhd. of Teamsters, Chauffeurs,
Warehousemen and Helpers, 494 F.2d 1092, 1100 (D.C. Cir. 1974)).
Accordingly, the “decision whether to stay discovery is
committed to the sound discretion of the district court judge.”
Loumiet v. United States, 225 F. Supp. 3d 79, 82 (D.D.C. 2016)
(internal quotation marks omitted) (quoting White v. Fraternal
Ord. of Police, 909 F.2d 512, 517 (D.C. Cir. 1990)). In
considering whether discovery should be stayed, courts
“inevitably must balance the harm produced by a delay in
discovery against the possibility that [a dispositive motion]
will be granted and entirely eliminate the need for such
discovery.” Chavous, 201 F.R.D. at 3 (alteration in original)
(internal quotation marks and citation omitted). “In order to
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prevail in a motion to stay, ‘[t]he proponent of a stay bears
the burden of establishing its need.’” United States v.
Honeywell Int’l, Inc., 20 F. Supp. 3d 129, 132 (D.D.C. 2013)
(alteration in original) (quoting Clinton v. Jones, 520 U.S.
681, 708 (1997)). Additionally, “the party seeking a stay ‘must
make out a clear case of hardship or inequity in being required
to go forward.’” Dist. Title v. Warren, No. 14-cv-1808-ABJ-ZMF,
2015 WL 12964658, at *3 (D.D.C. June 15, 2015) (quoting Landis
v. N. Am. Co., 299 U.S. 248, 255 (1936)).
Courts in this District consider the following factors when
determining whether they may properly exercise their discretion
to stay discovery: (1) “a motion which would be entirely
dispositive if granted is pending”; (2) “discovery is not needed
to permit the party who seeks discovery to oppose the pending
dispositive motion”; and (3) the “party who seeks discovery
would not be prejudiced by a stay.” Chavous, 201 F.R.D. at 5;
see Loumiet, 225 F. Supp. 3d at 83–85 (discussing these factors
and granting a stay of discovery).
Even when courts grant a stay of discovery, the court may—
in its discretion—allow limited discovery to proceed in an
effort to efficiently manage its docket. See Weyrich v. New
Republic, 235 F.3d 617, 628 (D.C. Cir. 2001) (noting that the
district court in a defamation case “may in its discretion limit
discovery to the threshold issue of falsity, thereby delaying
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and possibly eliminating the more burdensome discovery
surrounding evidence of actual malice” (internal quotation marks
and citation omitted)).
II. Analysis
A. The Legal Standards Cited by Plaintiff Are
Inapplicable in This District
Although Plaintiff cites the Chavous factors in his
opposition briefing, his analysis does not address them. Rather,
he advances two arguments that are inapplicable when courts in
this District consider whether they may properly exercise their
discretion to stay discovery. First, he argues that the
“[p]endency of a motion to dismiss does not automatically
entitle a movant to a stay.” Opp’n, ECF No. 20 at 6–8. In
addition to this not being the legal standard in this District,
Defendants do not argue that the filing of a motion to dismiss
automatically entitles them to a stay. Second, he argues that
“Defendants have not carried their burden to demonstrate that
their motion to dismiss is clearly meritorious and case
dispositive.” Opp’n, ECF No. 20 at 8–10. Again, this is not the
legal standard in this District; rather, the standard is
whether, if granted, the pending motion to dismiss would be
thoroughly dispositive of the claims. For these reasons,
Plaintiff’s arguments are without merit.
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B. The Chavous Factors Weigh in Favor of Granting a Stay
1. Defendants’ Pending Motion to Dismiss Would Be
Entirely Dispositive if Granted
The Court concludes that the first Chavous factor weighs in
favor of the stay because the pending Motion to Dismiss, if
granted, would dispose of the entire case. Plaintiff does not
dispute this, as he points out that “a stay of discovery pending
determination of a motion to dismiss is rarely appropriate when
the pending motion will not dispose of the entire case.” Opp’n,
ECF No. 20 at 7 (citation modified) (quoting Royer v. Fed.
Bureau of Prisons, 292 F.R.D. 60, 62 (D.D.C. 2013)). Plaintiff’s
argument that “speculative contentions that a complaint could be
dismissed are not enough to justify a stay,” id. at 8 (citing
IPOC Int’l Growth Fund Ltd. v. Diligence, LLC, No. 06-cv-1109-
PLF-AK, 2006 WL 8460103, at *2 (D.D.C. Oct. 13, 2006)); fails to
address the authority in this District—Defendants only need to
demonstrate that if the motion is granted, it would dispose of
the case.
In this District, it is “well settled that discovery is
generally considered inappropriate while a motion that would be
thoroughly dispositive of the claims in the Complaint is
pending.” Institut Pasteur v. Chiron Corp., 315 F. Supp. 2d 33,
37 (D.D.C. 2004) (internal quotation marks omitted) (quoting
Anderson v. U.S. Attorneys Office, No. 91-cv-2262-LFO, 1992 WL
6
159186, at *1 (D.D.C. June 19, 1992))); see Loumiet, 225 F.
Supp. 3d at 82. Courts take this view because “[a] stay of
discovery pending the determination of a dispositive motion is
an eminently logical means to prevent wasting the time and
effort of all concerned, and to make the most efficient use of
judicial resources.” See Chavous, 201 F.R.D. at 2 (internal
quotation marks and citation omitted). Accordingly, a court may
properly exercise its discretion to stay discovery where such a
motion is pending. See id. at 5. That is the case here. Thus,
this factor weighs in support of granting a stay.
2. Plaintiff Does Not Require Discovery to Oppose
Defendants’ Pending Motion to Dismiss
Plaintiff does not address this factor in his opposition
briefing and therefore has conceded it. See Wash. All. of Tech.
Workers v. U.S. Dep’t of Homeland Sec., 892 F.3d 332, 344 (D.C.
Cir. 2018) (“In the context of non-dispositive motions, we have
affirmed district court decisions that treated as conceded an
issue left entirely unaddressed by the plaintiff in a timely
filed response.”). Even if Plaintiff had not conceded it,
Plaintiff has already filed his briefing in opposition to
Defendants’ Motion to Dismiss, see Pl.’s Opp’n to Defs.’ Mot. to
Dismiss the Compl., ECF No. 19; accordingly, he has demonstrated
that he did not require discovery to oppose the Motion to
Dismiss.
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In this District, a court may properly exercise its
discretion to stay discovery where “discovery is not needed to
permit the party who seeks discovery to oppose the pending
dispositive motion.” Chavous, 201 F.R.D. at 5. That is the case
here. Thus, this factor weighs in favor of granting a stay.
3. Plaintiff Would Not Be Prejudiced by a Stay and
Defendants Would Be Prejudiced Without One
Defendants argue that Plaintiff will not be prejudiced by a
brief stay of discovery pending resolution of the Motion to
Dismiss, particularly since the case has just begun. Mot. to
Stay, ECF No. 16-1 at 16 (citing Maljack Prods., Inc. v. Motion
Picture Ass’n of Am., No. 90-cv-1121-JGP, 1990 WL 157900, at *1
(D.D.C. Oct. 3, 1990)). Plaintiff disagrees on two grounds.
First, he argues that the publication of the article is causing
him “ongoing defamation and reputational harm of the most severe
kind,” and that “[a]ny delay in discovery will only serve to
delay Dir. Patel repairing his reputation by delaying the
progress of this litigation.” Opp’n, ECF No. 20 at 11–12. As
stated above, discovery has not yet commenced in this matter.
Furthermore, Plaintiff cited no legal authority in support of
his argument. The Court therefore rejects it.
Second, Plaintiff argues that a delay in discovery creates
“tangible evidentiary prejudice” as “[m]emories fade,”
“[d]ocuments may be lost or destroyed,” and “[s]ources who might
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today recall the circumstances of publication may become
unavailable.” Id. at 12. Plaintiff further states that the
“longer discovery is delayed, the more difficult it becomes to
reconstruct the facts surrounding Defendants’ publication
decisions. This is particularly critical in an actual malice
case, where the central inquiry concerns Defendants’ subjective
state of mind at the time of publication.” Id. Here, however,
discovery has not yet commenced and the case has been pending
for a little over six months with the Motion to Dismiss being
ripe for about two months.
For these reasons, the Court concludes that Plaintiff will
not be prejudiced by a brief stay of discovery pending
resolution of Defendants’ Motion to Dismiss because the stay is
finite—pending resolution of the Motion to Dismiss—and is
occurring at the beginning of the case. See Maljack Prods.,
Inc., 1990 WL 157900, at *1–2 (granting stay where discovery had
not yet started and stay was limited to pendency of motion to
dismiss).
On the other hand, Defendants argue that not granting the
stay would prejudice them for three reasons. First, they assert
that because Plaintiff is a “serial defamation plaintiff,” Mot.
to Stay, ECF No. 16-1 at 8; he “may seek to wield governmental
power in connection with this lawsuit and broader criticism of
his FBI directorship,” id. at 16. Second, they argue that
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“potentially unnecessary discovery is particularly prejudicial
here because it would involve the sitting FBI Director invading
Defendants’ newsgathering and editorial processes, potentially
seeking the identities of confidential sources that may invite
only further retaliatory action from Director Patel.” Id. at 16–
17.
With regard to these two arguments, Plaintiff responds that
Defendants may not invoke the First Amendment “as a talisman to
shield themselves from discovery” because “the First Amendment
does not provide a blanket shield from discovery in defamation
cases—particularly where, as here, the plaintiff has plausibly
alleged actual malice.” See Opp’n, ECF No. 20 at 10.
To support this argument, Plaintiff challenges Defendants’
reliance on Moldea v. N.Y. Times Co., 137 F.R.D. 1, 2 (D.D.C.
1990); arguing that the court in that case “acknowledged First
Amendment sensitivities but expressly stated that ‘this factor
standing alone would not automatically entitle defendant to a
stay of discovery.’” See Opp’n, ECF No. 20 at 10 (quoting
Moldea, 137 F.R.D. at 2). Plaintiff contends that “[t]he court
in Moldea ultimately granted a limited stay only because the
pending motion for summary judgment in that case was clearly
meritorious—a showing Defendants cannot make here.” Id. at 10–
11. However, Plaintiff misrepresents Defendants’ argument, the
court’s reasoning in Moldea, and the standard applicable in this
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District. First, Defendants do not rely solely on First
Amendment concerns in arguing that a stay of discovery is
appropriate here. See Mot. to Stay, ECF No. 16-1 at 12–17.
Second, the Moldea court granted the motion for stay based on
its consideration of: (1) “significant First Amendment issues”;
(2) discovery not being necessary for the plaintiff there to
respond to the motion for summary judgment; and (3) the brevity
of the stay. Moldea, 137 F.R.D. at 2. Finally, as the Court
explained above, the “clearly meritorious” standard is not
controlling in this District. For all these reasons, Plaintiff’s
arguments are without merit and the Court concludes that
discovery should be stayed at this juncture because of
Defendants’ legitimate First Amendment concerns and because
discovery may be unnecessary.
Defendants’ third argument is that they would be prejudiced
because discovery in this case “is likely to present
significant, expensive, and complex issues.” Mot. to Stay, ECF
No. 16-1 at 17. Plaintiff does not respond to this argument. See
generally Opp’n, ECF No. 20. The Court concludes that resolving
threshold dispositive motions before initiating discovery would
avoid “wasting the time and effort of all concerned, and to make
the most efficient use of judicial resources.” Chavous, 201
F.R.D. at 2 (internal quotation marks and citation omitted); see
Mot. to Stay, ECF No. 16-1 at 17; Covad Communications Co. v.
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Revonet, Inc., 250 F.R.D. 14, 18 (D.D.C. 2008) (noting discovery
was stayed pending resolution of a motion for judgment on the
pleadings “in order to save the litigants potentially
unnecessary discovery expenses”).
In this District, a court may properly exercise its
discretion to stay discovery where the party seeking discovery
“would not be prejudiced by a stay.” Chavous, 201 F.R.D. at 5.
The Court agrees with Defendants that—for reasons related to the
First Amendment as well as burdensome and potentially
unnecessary discovery concerns—Defendants would face substantial
prejudice if discovery was not stayed.
For the reasons explained above, the Court concludes that
Plaintiff would not be prejudiced by a stay and Defendants would
be prejudiced without one. In addition, judicial economy
counsels in favor of staying discovery at this stage. Thus, this
factor weighs in favor of a stay.
***
The Court concludes that all three factors weigh in favor
of granting a stay of discovery. Defendants have sustained their
burden of establishing their need for a stay, see Honeywell
Int’l, Inc., 20 F. Supp. 3d at 132; and made “a clear case of
hardship or inequity in being required to go forward,’” Dist.
Title, 2015 WL 12964658, at *3 (internal quotation marks and
citation omitted).
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C. The Court Excludes Touhy Requests from the Stay
Defendants request a limited exception to the discovery
stay to allow Touhy requests to proceed while their Motion to
Dismiss is pending. Mot. to Stay, ECF No. 16-1 at 18–25. Touhy
regulations provide the mechanism by which third-party discovery
may be requested from the government. See United States ex rel.
Touhy v. Ragen, 340 U.S. 462 (1951); 28 C.F.R. §§ 16.21–16.29
(setting forth “procedures to be followed with respect to the
production or disclosure of any material contained in the files
of [DOJ], any information relating to material contained in the
files of the [DOJ], or any information acquired by any person
while such person was an employee of [DOJ] as a part of the
performance of that person’s official duties or because of that
person’s official status”).
Defendants seek to make Touhy requests so they can obtain
“information within DOJ and FBI’s possession, custody, and
control that bears on the truth of the Article’s reporting and
Director Patel’s reputation.” Mot. to Stay, ECF No. 16-1 at 20.
Defendants argue that this information is “‘relevant’ to the
parties’ claims and defenses and proportional to the needs of
the case under Rules 26 and 45.” Id. (quoting BuzzFeed, Inc. v.
U.S. Dep’t of Just., 318 F. Supp. 3d 347, 356 (D.D.C. 2018));
see also Bolger Decl. Ex. 2, ECF No. 16-5 (attaching the DOJ,
FBI, and Director Patel subpoenas). Defendants state that they
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need to pursue the Touhy requests while the Motion to Dismiss is
pending because the process is “inherently slow” and may result
in motions practice. Mot. to Stay, ECF No. 16-1 at 23. They also
point out that Touhy requests are addressed outside of any
scheduling order the Court may set. Id. at 18.
Plaintiff opposes the exception for Touhy requests on two
grounds. First, Plaintiff claims that Defendants seek to stay
discovery except for their own discovery. Opp’n, ECF No. 20 at
13. However, Defendants are not seeking discovery against
Plaintiff in his personal capacity; they are seeking to be able
to request third-party discovery from DOJ, the FBI, and
Plaintiff in his official capacity, none of which or whom are
parties to this suit, see Compl., ECF No. 10 ¶¶ 2–3.
Furthermore, Plaintiff may also initiate Touhy requests and so
Plaintiff’s complaints about any lack of fairness are without
merit.
Second, Plaintiff claims that the proposed Touhy requests
are “extraordinarily broad—seeking everything from Dir. Patel’s
medical records to his travel records, calendar, membership at
private clubs, and personnel decisions throughout his tenure as
FBI Director.” Opp’n, ECF No. 20 at 13. The Court concludes that
at this juncture, Defendants have adequately explained the need
to initiate the Touhy requests. They point out that Plaintiff’s
“allegations are themselves sweeping—taking in statements about
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his alleged excessive drinking and performance as FBI
[D]irector, including frequent absences, mishandling of high-
profile investigations, impulsive decision-making, fear of
losing his job, and termination of employees perceived as
disloyal.” Reply, ECF No. 22 at 10. Defendants also state that
“[Plaintiff] himself directly references information in his
Complaint allegedly within the possession, custody, and control
of the DOJ, the FBI, and Director Patel in his official
capacity. The scope of the requests thus tracks the scope of the
claims.” Id. at 11 (internal citation omitted). Although
Plaintiff asserts that the Touhy requests are overly-broad, he
fails to respond to Defendants’ explanations for why the
information is needed. See Opp’n, ECF No. 20 at 13–14. Plaintiff
also fails to respond to Defendants’ explanation that the Touhy
requests need to be initiated at this time because of the time-
consuming nature of the requests. See id.
Courts in this District may exercise their discretion to
allow limited discovery to proceed while staying other parts of
discovery. See Weyrich, 235 F.3d at 628. Here, the Court, in its
“broad discretion to manage the conduct of discovery,” finds
that no party to this case will be prejudiced by allowing Touhy
requests from all parties to proceed while the remainder of
discovery is stayed. See Chavous, 201 F.R.D. at 2.
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IV. Conclusion
For the reasons stated above, the Court GRANTS Defendants’
Motion to Stay Discovery Except Touhy Requests, ECF No. 16. All
discovery, excluding Touhy requests by either party, is STAYED
pending a determination of Defendants’ Motion to Dismiss the
Complaint, ECF No. 15.
An appropriate Order accompanies this Memorandum Opinion.
SO ORDERED.
Signed: Emmet G. Sullivan
United States District Judge
November 10, 2026
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