A U.S. District Court in Colorado determined it would be appropriate to permit the plaintiff to pursue discovery prior to the determination of defendant’s motion to dismiss the case in favor of arbitration. In The i4 Group Consulting, LLC v. Scaled Agile, Inc., No. 20-cv-01855-DDD-NRN (D.Colo.)(November 9, 2020) plaintiff acknowledged the existence of a signed arbitration agreement, but argued that it should not be enforced given the high costs of the arbitration fees.
The court held that judicial discovery was not appropriate until such time as the court determined whether the case should be arbitrated.
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