Goolsby v. Holland, et al.

Filing 54

ORDER GRANTING Defendant's 44 Motion to Stay Discovery; ORDER GRANTING Plaintiff's 50 Motion for Stay of Motion for Summary Judgment signed by Magistrate Judge Barbara A. McAuliffe on 4/26/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS GOOLSBY,

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Plaintiff,

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v.

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KIMBERLY HOLLAND,

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Defendant.

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Case No.: 1:13-cv-01100-DAD-BAM (PC)
ORDER GRANTING DEFENDANT’S MOTION
TO STAY DISCOVERY
(ECF No. 44)
ORDER GRANTING PLAINTIFF’S MOTION
FOR STAY OF MOTION FOR SUMMARY
JUDGMENT
(ECF No. 50)

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Plaintiff Thomas Goolsby is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendant Kimberly Holland

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for retaliation in violation of the First Amendment.

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I.

Relevant Procedural History

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On June 22, 2015, Plaintiff filed his first motion to compel discovery and for sanctions. (ECF

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No. 26.) That motion was granted in part, and the Court ordered certain discovery be provided, and

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that the parties meet and confer in writing on certain issues. (ECF No. 45.) On April 26, 2016,

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Defendant requested an extension of time to provide the discovery responses, (ECF No. 48), which the

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Court granted, (ECF No. 51). Those responses are currently due on or before June 30, 2016.
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On February 16, 2016, Plaintiff also filed a second motion to compel, which is pending. (ECF

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No. 39.)
On March 10, 2016, Defendant filed a motion for summary judgment. (ECF No. 41.) Plaintiff’s

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response to that motion is due June 15, 2016, by this Court’s order. (ECF No. 46.)
Currently before the Court are motions to stay filed by both parties; that is, one filed on March

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10, 2016 by Defendant, (ECF No. 44.), and one filed on April 19, 2016 by Plaintiff, (ECF No. 50.)

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Neither party has yet responded to the other party’s motion for stay, but the Court does not find any

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responses necessary at this time, as the parties will not be prejudiced by the consideration of their

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motions. Local Rule 230(l).

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II.

Parties’ Motions for Stay

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Defendant seeks a motion to stay all discovery in this action, pending a ruling on the motion for

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summary judgment and Defendant’s concurrent request that Plaintiff be required to post security as a

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vexatious litigant. (ECF No. 44-1.) Plaintiff seeks a stay of Defendant’s motion for summary

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judgment, arguing that he requires certain discovery to be provided in order to properly oppose the

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summary judgment motion, including discovery which is the subject of his pending second motion to

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compel. (ECF No. 50.)

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In the meantime, the Court has been informed by the parties that they seek a settlement

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conference, which has been tentatively scheduled for June 21, 2016. The Court finds the case will

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benefit from such a conference, and separate orders will issue on that matter. The upcoming settlement

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conference also impacts the parties’ current requests for a stay of these proceedings.

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A district court “has broad discretion to stay proceedings as an incident to its power to control its

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own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997) (citing Landis v. North American Co., 299

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U.S. 248, 254 (1936)). The party seeking the stay bears the burden of establishing the need to stay the

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action. Clinton, 520 U.S. at 708.

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In this case, the Court finds a short-term stay of all non-settlement proceedings until June 30,

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2016 is necessary to allow the parties to focus on the upcoming settlement conference. The parties’

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time and resources are better spent on the settlement negotiations, rather than causing both the parties

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and the Court to expend resources on discovery and motion practice, which may not ultimately be

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necessary if the matter is resolved through settlement.

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Following the outcome of the settlement conference in this matter, the Court will issue a

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scheduling order, if necessary, setting deadlines for briefing on the various pending motions and

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outstanding discovery matters, and seeking status reports from the parties, as needed.

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III.

Conclusion and Order

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For the reasons stated, it is HEREBY ORDERED as follows:

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1.

Defendant’s Motion to Stay Discovery (ECF No. 44) is GRANTED;

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2.

Plaintiff’s Motion to Stay the pending motion for summary judgment (ECF No. 50) is
GRANTED; and

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3.

All non-settlement related proceedings in this matter are stayed until June 30, 2016.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 26, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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