Gamez v. Gonzalez, et al.

Filing 153

ORDER DENYING Plaintiff's 152 Motion for Stay of Discovery, signed by Magistrate Judge Gary S. Austin on 2/14/14. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SERGIO ALEJANDRO GAMEZ,
Plaintiff,

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ORDER DENYING PLAINTIFF’S MOTION
FOR STAY OF DISCOVERY
(Doc. 152.)

vs.

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1:08-cv-01113-LJO-GSA-PC

F. GONZALEZ, et al.,
Defendants.

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I.

BACKGROUND

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Sergio Alejandro Gamez ("Plaintiff") is a state prisoner proceeding pro se with this civil

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

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action on August 1, 2008. (Doc. 1.) This action now proceeds with the Fourth Amended

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Complaint filed by Plaintiff on November 8, 2013, against defendants Holland, Gonzalez,

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Tyree, Gentry, Adame, and Jakabosky on Plaintiff’s retaliation and due process claims. (Doc.

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147.)

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On December 19, 2013, defendants Gentry and Gonzales filed an Answer to the Fourth

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Amended Complaint. (Doc. 149.) On January 23, 2014, the court issued a Scheduling Order

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which opened the discovery phase for this action and established pretrial deadlines. (Doc.

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151.)
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On February 13, 2014, Plaintiff filed a motion for stay of the discovery phase in this

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action. (Doc. 152.)

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II.

PLAINTIFF’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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Plaintiff requests a stay of the discovery phase in this action, pending service of process

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upon defendants Holland, Tyree, Adame, and Jakabosky. Plaintiff argues that he is unable to

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proceed with discovery until after all of the defendants have made an appearance in the action.

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Plaintiff requests a stay of discovery until all of the defendants have filed Answers, or for 21

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days, to serve the interest of comity and preserve judicial resources.

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Discussion

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As a rule, the Court opens the discovery phase in cases such as Plaintiff’s following the

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filing of an Answer by one or more of the defendants to the action.

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who have appeared to begin the discovery process.

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afterwards, the discovery period and other pretrial deadlines may be extended on a party’s

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motion or sua sponte by the court. Service of process upon multiple defendants is often a

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lengthy process, and service is not always successful upon every defendant.

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not lightly stay litigation, due to the possibility of prejudice to defendants. In this case, two of

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the defendants filed an Answer to the operative complaint on December 19, 2013. (Doc. 149.)

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Plaintiff has not shown good cause for the court to stay discovery until all of the defendants
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This allows the parties

If other defendants join the action

The Court does

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have filed Answers, or for an arbitrary 21-day period. Therefore, Plaintiff’s motion for stay

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shall be denied.

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III.

Accordingly, good cause appearing, IT IS HEREBY ORDERED that Plaintiff’s motion

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CONCLUSION

for stay of discovery, filed on February 13, 2014, is DENIED.

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IT IS SO ORDERED.
Dated:

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February 14, 2014

/s/ Gary S. Austin

UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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