Smith v. Shartle et al
Filing
136
ORDER GRANTING 111 Motion for Temporary Stay of Discovery Pending Resolution of Motion to Dismiss. Signed by Senior Judge Raner C Collins on 11/16/20. (BAC)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Estate of Clinton Dewayne Smith, et al.,
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Plaintiffs,
No. CV-18-00323-TUC-RCC
ORDER
v.
John T. Shartle, et al.,
Defendants.
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Pending before the Court is Defendant United States’ Motion for Temporary Stay of
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Discovery Pending Resolution of Motion to Dismiss. (Doc. 111.) This matter has been fully
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briefed. (Docs. 111, 118, 121.) This case has proceeded in an unusual manner, resulting in
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the disjointed status of discovery that now exists between Defendant United States
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(“Defendant United States”) and Defendants John Domitrovich, et al. (“Bivens
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Defendants”). As fully outlined below, in the interests of promoting judicial economy and
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resolving the current fragmentation in the discovery process, the Court grants the motion.
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a. Relevant Facts
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The procedural history of this case is extensive and will not be summarized in its
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entirety here. There are, however, a number of points the Court wishes to highlight. On July
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2, 2018, Plaintiffs filed their first Bivens complaint against two named wardens and seven
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un-named defendants arising out of the death of Clinton Dewayne Smith. (Doc. 1.) Since
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that time, Plaintiffs have filed several amended Bivens complaints against shifting
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individual government employees, culminating in the operative fourth amended complaint
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against sixteen Bivens Defendants. (Doc. 103.)
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In the interim, on June 20, 2019, Plaintiffs filed a separate Federal Tort Claims Act
(“FTCA”) action against the United States arising out of the same event. (Doc. 1, Case No.
CV-19-00325-TUC-RCC.) On June 28, 2019, the Court consolidated the two actions
pursuant to Local Rule 42. (Doc. 44.) After consolidation, Defendant United States filed its
Motion to Dismiss for Lack of Jurisdiction on October 5, 2019. (Doc. 64.) With this motion
pending, the Court issued an order finding that, pursuant to Federal Rule of Civil Procedure
12(a)(4) and General Order 17-08(A)(6), Defendant United States was not required to
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provide discovery under the Mandatory Initial Discovery Pilot (“MIDP”) until “the Court’s
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ruling on the pending Motion to Dismiss and the remaining parties’ answers or Rule 12
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motions.” (Doc. 84.) Subsequently, the Court denied Defendant United States’ Motion to
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Dismiss. (Doc. 92.) After filing its answer (Doc. 93), Defendant United States disclosed
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“approximately 2,900 pages of documents, including staff rosters, inmate files, and
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investigation documents concerning the death of Smith.” (Doc. 111 at 6.)
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On June 26, 2020, Plaintiffs filed their fourth amended Bivens complaint. (Doc. 103.)
Bivens Defendants then filed their Motion to Dismiss. (Doc. 109.) As of October 28, 2020,
this matter has been fully briefed. (Docs. 103, 109, 128, 134.) The Court has yet to rule on
the pending Motion to Dismiss.
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The issue currently before this Court follows Plaintiffs’ request for discovery from
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Defendant United States. (Doc. 111-1.) Plaintiffs’ request included records of inmate-on-
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inmate violence and details of “the involvement of all individuals who decided or
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effectuated the cell placement of Romeo Giovanni and Clinton Smith . . . . [and] every
reason and any rationale as to why Romeo Giovanni was celled with Clinton Smith . . . .”
(Doc. 111-1 at 9–10.) Defendant United States recognizes that it will eventually provide
this information as part of the discovery process, but it asks this Court to temporarily stay
discovery pending resolution of Bivens Defendants’ Motion to Dismiss. (Doc. 111 at 12–
15; Doc. 121 at 5.)
In relevant part, Defendant United States argues that the discovery request, although
not directed at Bivens Defendants, inextricably involves information relating to Plaintiffs’
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claim against these sixteen individuals. (Doc. 111 at 13.) Plaintiffs contend that “[t]he fact
that the discovery may finally reveal which Bureau of Prisons official did what with respect
to the circumstances in this case . . . is of no consequence to the Court’s analysis.” (Doc.
118 at 3.) Additionally, Plaintiffs urge the Court to avoid further delay, noting that the
information requested will eventually be disclosed as the FTCA claim against Defendant
United States proceeds. (Id. at 7, 9.)
b. Discussion
Although motions to stay discovery are generally disfavored, “[a] district court has
discretion to stay civil proceedings in the interest of justice and in the light of the particular
circumstances of the case.” Moreno v. Maricopa Cty. Corr. Health Servs., No. CV-1701074-PHX-DJH (JFM), 2018 WL 3154470, at *3 (D. Ariz. June 28, 2018) (citing Grubbs
v. Irey, No. Civ. S-0601714 RRB GGH, 2008 WL 906246, at *1 (E.D. Cal. Mar. 31, 2008);
see also Landis v. N. Am. Co., 299 U.S. 248, 254 (1936) (“[T]he power to stay proceedings
is incidental to the power inherent in every court to control the disposition of the causes on
its docket with economy of time and efforts for itself, for counsel, and for litigants.”).
As the parties correctly observe, Plaintiffs’ FTCA claim against Defendant United
States will proceed. This includes the attendant discovery. Nonetheless, Plaintiffs had this
valid FTCA claim at the time they filed their original Bivens action. While Plaintiffs relay
the difficulty they have had litigating this case given the “secretive” nature of the events
(Doc. 118 at 9), the fact remains, had Plaintiffs filed these claims together, the trajectory of
discovery from all defendants would have proceeded on the same timeline. However,
because of the unique procedural history of the case, this did not happen. Instead, Defendant
United States provided initial discovery before the fourth amended Bivens complaint and
subsequent Motion to Dismiss.
The Court would like to resolve the disjointed nature of this case moving forward in
light of the circumstances and in the interests of judicial economy. Therefore, the Court will
temporarily stay additional discovery until the resolution of the pending Motion to Dismiss
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as to Bivens Defendants. This will allow all parties to proceed on the same timeline and
offer more clarity.
Furthermore, the Court does not believe that the information requested by Plaintiffs
is necessary at this point to the extent it could have supported Plaintiffs’ claims against
Bivens Defendants. With regard to the fourth amended Bivens complaint, Plaintiffs need
only meet the pleading standard. Of possible assistance, Plaintiffs now have more than
2,000 pages of discovery including staff rosters, daily logs, inmate rosters, post orders, and
policies and program statements. (Doc. 121 at 4–5.)
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IT IS ORDERED GRANTING the Motion for Temporary Stay of Discovery
Pending Resolution of Motion to Dismiss. (Doc. 111.)
Dated this 16th day of November, 2020.
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