Huckabee v. Medical Staff at CSATF et al
Filing
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ORDER GRANTING 254 Defendants' Motion for Stay of Non-Exhaustion Discovery signed by Magistrate Judge Barbara A. McAuliffe on 1/3/2018. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY CRAIG HUCKABEE,
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Plaintiff,
v.
MEDICAL STAFF AT CSATF, et al,
Case No. 1:09-cv-00749-DAD-BAM (PC)
ORDER GRANTING DEFENDANTS’
MOTION FOR STAY OF NONEXHAUSTION DISCOVERY
(ECF Nos. 254, 255)
Defendants.
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Plaintiff Anthony Craig Huckabee (“Plaintiff”) is a state prisoner proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on
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Plaintiff’s fifth amended complaint against Defendants Wu, McGuinness, Enenmoh, Jeffreys, and
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Jimenez in their individual capacities for deliberate indifference to serious medical needs in
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violation of the Eighth Amendment.
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On December 29, 2017, Defendants Enenmoh, Jimenez, and Wu filed a motion seeking a
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stay of all non-exhaustion related discovery pending resolution of their motion for summary
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judgment on the issue of exhaustion. (ECF No. 254.) That motion was joined by Defendant
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McGuinness. (ECF No. 255.) In support, Defendants argue that: (1) the pending motion for
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summary judgment will potentially dispose of the entire case; (2) the Court does not require
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additional information to decide the motion; and (3) the expenditure of resources required to
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respond to discovery requests will be needless if the Court grants Defendants’ motion for
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summary judgment. (ECF No. 254.) The Court finds a response unnecessary and the motion is
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deemed submitted pursuant to Local Rule 230(l).
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The district court “has broad discretion to stay proceedings as an incident to its power to
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control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997) (citing Landis v. North
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American Co., 299 U.S. 248, 254 (1936)). The party seeking the stay bears the burden of
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establishing the need to stay the action. Clinton, 520 U.S. at 708. The Court finds that
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Defendants have met the burden of showing good cause to stay all non-exhaustion related
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discovery in this case. As Defendants argue, proceeding with discovery that is not related to their
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potentially dispositive motion will result in unnecessary motion practice, litigation costs, and a
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waste of judicial resources. If Defendants’ motion does not resolve this case, Plaintiff will not be
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prejudiced by a modest delay in proceeding with non-exhaustion related discovery, since the
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current discovery deadline is three months away under the current scheduling order, on April 8,
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2018. (ECF No. 236.)
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For these reasons, Defendants’ motion to stay all non-exhaustion related discovery
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pending the disposition of their motion for summary judgment under Federal Rule of Civil
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Procedure 56 for failure to exhaust administrative remedies, (ECF No. 254), is HEREBY
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GRANTED.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
January 3, 2018
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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