Nuriddin v. Estrella et al
Filing
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ORDER GRANTING Defendant's 41 Motion to Stay Discovery, as to the Merits only until further order of the Court, signed by Magistrate Judge Stanley A. Boone on 05/12/2015. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MUHAMMAD NURIDDIN,
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Plaintiff,
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v.
ESTRELLA, et al.,
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Defendants.
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Case No.: 1:11-cv-01448-LJO-SAB (PC)
ORDER GRANTING DEFENDANT’S MOTION
TO STAY DISCOVERY
[ECF No. 41]
Plaintiff Muhammad Nuriddin is appearing pro se and in forma pauperis in this civil rights
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action pursuant to Bivens v. Six Unknown Agents, 403 U.S. 388 (1971). Bivens actions and actions
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under 42 U.S.C. § 1983 “are identical save for the replacement of a state actor under § 1983 by a
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federal actor under Bivens.” Van Strum v. Lawn, 940 F.2d 406, 409 (9th Cir. 1991).
This action is proceeding against Defendants Rios, Bell, Miller, and Does 1-2 for retaliation in
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violation of the First Amendment.1
On March 19, 2015, Defendant Rios filed a motion for summary judgment for failure to
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exhaust the administrative remedies.
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Defendant Rios is the only defendant who has been served with process.
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On April 10, 2015, Defendant filed a motion to stay discovery pending the motion for
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summary judgment relating to exhaustion of the administrative remedies. Plaintiff did not file an
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opposition, and the motion is deemed submitted. Local Rule 230(l).
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The Court is vested with broad discretion to manage discovery. Dichter-Mad Family Partners,
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LLP v. U.S., 709 F.3d 749, 751 (9th Cir. 2013) (per curiam), cert. denied, 134 S.Ct. 117 (2013); Hunt
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v. County of Orange, 672 F.3d 606, 616 (9th Cir. 2012); Surfvivor Media, Inc. v. Survivor Prods., 406
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F.3d 625, 635 (9th Cir. 2005); Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir. 2002). Pursuant to Rule
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26(c)(1), the Court may, for good cause, issue a protective order forbidding or limiting discovery. The
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avoidance of undue burden or expense is grounds for the issuance of a protective order, Fed. R. Civ. P.
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26(c), and a stay of discovery pending resolution of potentially dispositive issues furthers the goal of
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efficiency for the courts and the litigants, Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir. 1988)
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(stay of discovery pending resolution of immunity issue). The propriety of delaying discovery on the
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merits of the plaintiff’s claims pending resolution of an exhaustion motion was explicitly recognized
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by the Ninth Circuit. Albino v. Baca, 747 F.3d 1162, 1170-71 (9th Cir. 2014) (en banc), cert. denied,
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135 S.Ct. 403 (2014); see also Gibbs v. Carson, No. C-13-0860 THE (PR), 2014 WL 172187, at *2-3
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(N.D. Cal. Jan. 15, 2014).
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The failure to exhaust is an affirmative defense, and Defendant is entitled to judgment on
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Plaintiff’s claim against him if the Court determines the claim is unexhausted. Albino, 747 F.3d at
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1166. Thus, the pending exhaustion motion has the potential to bring final resolution to this action,
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obviating the need for merits-based discovery. Gibbs, 2014 WL 172187, at *3. In Albino, the Ninth
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Circuit recognized that “[e]xhaustion should be decided, if feasible, before reaching the merits of a
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prisoner’s claims,” and “discovery directed to the merits of the suit” should be left until later. Albino,
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747 F.3d at 1170. To the extent that the non-moving party needs specific discovery to address issues
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raised in a dispositive motion, the non-moving party may seek redress by Federal Rule of Civil
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Procedure 56(d). Albino, 747 F.3d at 1170-71; Wyatt v. Terhune, 315 F.3d 1108, 1115 n.7 (9th Cir.
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2003) (overruled on other grounds by Albino, 747 F.3d at 1168-69). Except for discovery related to
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whether Plaintiff failed to exhaust the administrative remedies, the parties are precluded from
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responding to any discovery requests or serving any discovery requests until the stay is lifted. If the
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parties have been served with discovery requests that do not relate to Plaintiff’s exhaustion of
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administrative remedies, they shall retain the discovery for later consideration, if and until the stay has
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been lifted.
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Accordingly, good cause having been shown, Defendant’s motion to stay discovery relating to
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the merits of Plaintiff’s retaliation claim is GRANTED and discovery is STAYED, as to the merits
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only until further order of the Court. Fed. R. Civ. P. 26(c); Albino, 747 F.3d at 1170-71. Discovery is
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not stayed to the extent discovery is needed for the limited issue related to the defendants’ motion for
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summary judgment for failure to exhaust the administrative remedies.
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IT IS SO ORDERED.
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Dated:
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May 12, 2015
UNITED STATES MAGISTRATE JUDGE
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