Fields v. Roberts

Filing 111

ORDER GRANTING Defendant Neubarth's Motion for Stay of Discovery; ORDER STAYING Discovery Pending Resolution of Motion to Dismiss, signed by Magistrate Judge Gary S. Austin on 9/15/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN E. FIELDS,

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Plaintiff,

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1:06-cv-00407-AWI-GSA-PC
ORDER GRANTING DEFENDANT
NEUBARTH’S MOTION FOR STAY OF
DISCOVERY
(Doc. 95.)

vs.
P. ROBERTS, et al.,

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ORDER STAYING DISCOVERY PENDING
RESOLUTION OF MOTION TO DISMISS

Defendants.

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I.

BACKGROUND

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Kevin Fields ("Plaintiff") is a state prisoner proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint commencing this action on

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April 10, 2006. (Doc. 1.) This action now proceeds with the Fifth Amended Complaint filed

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by Plaintiff on June 24, 2010, against defendant Jeff Neubarth (“Defendant”) for deliberate

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indifference to Plaintiff’s medical needs.1 (Doc. 51.)

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On June 7, 2013, the court issued a Discovery/Scheduling Order which opened the

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discovery phase for this action and established a deadline of February 7, 2014, for the parties to

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complete discovery. (Doc. 99.) On August 7, 2013, Defendant filed a motion to dismiss this

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action based on Plaintiff’s failure to exhaust administrative remedies. (Docs. 105, 106.)

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The Court dismissed Defendant P. Roberts from this action on March 12, 2012, based on Plaintiff=s
failure to effect service. (Doc. 75.) Therefore, Jeff Neubarth is the only Defendant remaining in this action.
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On August 14, 2013, Defendant filed a motion for stay of the discovery phase pending

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resolution of the motion to dismiss. (Doc. 107.) Plaintiff has not filed an opposition to the

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motion.

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II.

DEFENDANT’S MOTION FOR STAY

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The court has inherent authority to manage the cases before it. Landis v. N. Am. Co.,

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299 U.S. 248, 254-55 (1936) (“[T]he power to stay proceedings is incidental to the power

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inherent in every court to control the disposition of the causes on its docket with economy of

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time and effort for itself, for counsel, and for litigants. How this can best be done calls for the

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exercise of judgment which must weigh competing interests and maintain an even balance.”)

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Rule 26(c) of the Federal Rules of Civil Procedure authorizes “any order which justice requires

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to protect a party ... from annoyance, embarrassment, oppression, or undue burden of expense.”

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Fed. R. Civ. P. 26(c). Stays of proceeding in federal court, including stays of discovery, are

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committed to the discretion of the trial court. See, e.g., Jarvis v. Regan, 833 F.2d 149, 155 (9th

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Cir. 1987).

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Defendant requests a stay of discovery in this action, relieving him of his obligation to

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respond to Plaintiff’s current discovery requests until the court rules on Defendant’s motion to

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dismiss. Defendant argues that a stay of discovery would serve the interest of judicial economy

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and should be granted because (1) the court does not require additional information to decide

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Defendant’s motion to dismiss; (2) Plaintiff would not be prejudiced by the stay; and (3) if the

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court dismisses this action, Plaintiff’s discovery requests will be rendered unnecessary. In the

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alternative to a stay of discovery, Defendant requests that he be granted forty-five days after the

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court rules on the motion to dismiss to respond to Plaintiff’s pending discovery.

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Discussion

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As noted above, this action now proceeds with the Fifth Amended Complaint filed by

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Plaintiff on June 24, 2010, against sole defendant Jeff Neubarth for deliberate indifference to

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Plaintiff’s medical needs. (Doc. 51.) Defendant’s motion to dismiss, filed on August 7, 2013,

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seeks to dismiss this entire action, based on Plaintiff’s failure to exhaust administrative

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remedies for his claims before filing suit. (Doc. 106.) Defendant has submitted evidence that
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the pending discovery requests he received from Plaintiff – requests for admission, productions

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of documents and things, and interrogatories, served upon Defendant on July 23, 2013 – do not

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request information relevant to the issue of exhaustion and would not help Plaintiff oppose

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Defendant’s motion to dismiss. (Exhibit A to Declaration of Chinn, Doc. 107-1 at 7-20.)

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Defendant also argues that it would be a waste of resources to require him to respond to

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Plaintiff’s discovery requests pending resolution of Defendant’s dispositive motion which may

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dismiss the entire case. Defendant points out that if the court dismisses only some of Plaintiff’s

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claims pursuant to the motion, Plaintiff will be able to focus his discovery on any surviving

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claims, thus limiting time and expense for all parties. Defendant’s arguments have merit.

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Plaintiff has not opposed a limited stay of discovery, and the court does not anticipate a lengthy

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stay pending resolution of the motion to dismiss.

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Defendant’s motion for stay shall be granted. The parties to this action shall retain any pending

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discovery requests already served upon them, for later consideration should the stay be lifted.

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However, while discovery is stayed, the parties need not respond to any existing discovery

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requests and shall not serve further discovery requests.

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III.

Therefore, based on the foregoing,

CONCLUSION

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Accordingly, good cause appearing, IT IS HEREBY ORDERED that:

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1.

Defendant’s motion for stay, filed on August 14, 2013, is GRANTED;

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2.

The discovery phase for this action, which commenced on June 7, 2013, is now

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STAYED pending resolution of the motion to dismiss filed by Defendant on

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August 7, 2013; and

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3.

The parties are precluded from conducting discovery while the stay is in effect.

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IT IS SO ORDERED.
Dated:

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September 15, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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