Griffin v. Johnson et al

Filing 70

ORDER GRANTING Defendants' Motion to Stay Discovery 68 , signed by Magistrate Judge Barbara A. McAuliffe on 4/8/16. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MATTHEW JAMES GRIFFIN,

Case No. 1:13-CV-01599-LJO-BAM (PC)
ORDER GRANTING DEFENDANTS’
MOTION TO STAY DISCOVERY

Plaintiff,

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v.

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A. JOHNSON, et al.,

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(ECF No. 68)
Defendants.

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Plaintiff Matthew James Griffin (“Plaintiff”) is a state prisoner proceeding pro se

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and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action

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proceeds on Plaintiff’s first amended complaint for excessive force and for deliberate

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indifference to serious medical needs in violation of the Eighth Amendment against

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Defendants Johnson, Gonzales, Valdez, Munoz, Sexton, Ross, Thor, Doe, Kul, Busch,

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Bell, and Smith. This matter is set for a settlement conference before Magistrate Judge

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Kendall J. Newman on May 4, 2016. (ECF No. 65.)

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On March 11, 2016, Defendants filed a motion to stay discovery. (ECF No. 68.)

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Plaintiff’s opposition was entered on March 31, 2016. (ECF No. 69.) The time for

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Defendants to reply to Plaintiff’s opposition has now expired, and the motion is deemed

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submitted. Local Rule 230(l).
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Defendants move for a protective order staying discovery pending the outcome of

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the upcoming May 4, 2016 settlement conference. They argue that it is unduly

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burdensome for them to be required to respond to Plaintiff’s outstanding discovery

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requests at this juncture, as it will be wasteful of time and resources that could be better

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used on the settlement negotiations. They further argue that the discovery will be

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worthless if the case is resolved by the conference, and that there is no harm to Plaintiff

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by a short delay in commencing discovery to allow for settlement negotiations. Plaintiff

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opposes the motion, arguing that the stay will adversely affect the prospects of

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settlement, that discovery will serve as a “reality check” to Defendants, and that

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Defendants will not suffer harm from being required to respond. (ECF No. 69.) Plaintiff

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notes that Defendants have not yet served any written discovery, but he has served forty

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(40) requests for production. (Id. at 1-2.)

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The Court finds good cause for a brief stay of discovery under these

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circumstances. Fed. R. Civ. P. 26(c). The parties’ time and resources are better spent on

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the settlement negotiations at this time, rather than causing Defendants to expend

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resources on discovery which may not ultimately be required if the matter is resolved

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through settlement.

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Furthermore, Plaintiff will not be prejudiced by this brief stay. Plaintiff argues that

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discovery is necessary to show Defendants the weaknesses in their case, but he has not

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provided his requests for production for the Court’s review, or otherwise shown why the

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outstanding discovery requests are necessary to prepare for the settlement negotiations

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here. Moreover, Plaintiff articulated several reasons in his opposition brief why he

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believes Defendants’ case is weak, based on evidence and information already in his

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possession as well as legal arguments. (ECF No. 69, pp. 2-3.) The Court finds that the

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settlement negotiations will not be negatively affected by a stay relieving Defendants

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from the duty to respond to Plaintiff’s requests for production until after the settlement

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conference. Plaintiff has also admitted that he agreed to an early initial conference in this

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matter. (Id. at 4.) One of the benefits of the early timing of these negotiations is to lessen
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the burdens on the parties of using their time and resources prosecuting and defending

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this matter, if a settlement can be accomplished instead.

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For these reasons, IT IS HEREBY ORDERED that:

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1.

Defendants’ motion to stay discovery, (ECF No. 68), is GRANTED;

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2.

Discovery in this matter is stayed pending the outcome of the May 4, 2016

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settlement conference; and,
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In the event that the case is not resolved at the settlement conference, the

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Court will issue an order lifting the stay of discovery, and Defendants will be required to

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respond to Plaintiff’s requests for production on or before thirty (30) days from the date

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of service of that order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 8, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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