McCoy v. Holguin et al

Filing 201

ORDER DENYING Plaintiff's 197 Motion to Stay and Construed Rule 56(d) Motion; ORDER GRANTING Extension of Time to File Response signed by Magistrate Judge Helena M. Barch-Kuchta on 10/27/2022. Response Deadline: 12/28/2022. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAKEITH L. MCCOY,

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Plaintiff,
v.
A. HOLGUIN, ET. AL.,

Case No. 1:15-cv-00768-ADA-HBK (PC)
ORDER DENYING PLAINTIFF’S
MOTION TO STAY AND
CONSTRUED RULE 56(d) MOTION
ORDER GRANTING EXTENSION OF
TIME TO FILE RESPONSE

Defendants.
(Doc. No. 197)
DECEMBER 28, 2022 DEADLINE

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Pending before the Court is Plaintiff’s “Application for Extension of Time and Second

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Application to Stay Proceedings” filed on October 3, 2022. (Doc. No. 197, “Motion”). Plaintiff

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seeks an extension of time to respond to Defendants’ motion for summary judgment and renews

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his request for an indefinite stay of this action. (Id.). In support, Plaintiff attaches his own

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Declaration. (Id. at 3-6). Defendants filed an opposition to the Motion on October 21, 2022.

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(Doc. No. 200). In support Defendant submits the Declaration of Deputy Attorney General

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Jeremy Duggan and an Exhibit evidencing service of Defendants’ motion for summary judgment

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on September 19, 2022. (Doc. No. 200-1). For the reasons set forth below, the Court grants an

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extension of time for Plaintiff to respond to Defendants’ motion for summary judgment but

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denies a stay of this action and Plaintiff’s construed Fed. R. Civ. P. 56(d) motion.

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I. FACTUAL BACKGROUND

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Plaintiff, a state prisoner, proceeds against fifteen correctional officer-Defendants on his

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second amended civil rights complaint stemming from events that occurred at California

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Correctional Institution, Techachapi (CCI) on March 12, 2015. (Doc. No. 15). In summary, the

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second amended complaint alleges excessive use of force claims and failure to protect claims in

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connection with the March 12, 2015 incident. (See generally Id.). The alleged use of force

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occurred at various points while Plaintiff was being escorted from his cell in Facility A, building

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6 on the way to the law library and included the areas in the rotunda of building 6, outside the

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door in building 6, and dining hall number 4. (Id. at 6-14). The Court had appointed Plaintiff

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counsel and scheduled this matter for trial to commence on November 9, 2021. (Doc. Nos. 148,

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155). On September 25, 2021, after appointed counsel moved to withdraw, citing irreconcilable

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differences, the Court granted the motion and vacated the trial date. (Doc. No. 164). Plaintiff

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sought a new trial date, which Defendants did not oppose, but requested leave to file a belated

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motion for summary judgment to narrow the issues for trial. (Doc. No. 176).

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On September 7, 2022, after being granted leave, Defendants filed a motion for summary

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judgment on behalf of eight of the correctional officer-Defendants.1 (Doc. No. 194). More

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specifically, these eight Defendants contend they neither used excessive force nor failed to protect

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Plaintiff on March 12, 2015 because they either were not working at CCI on the day of the

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incident or were assigned to other areas within CCI from which they had no view of the incidents,

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i.e., they were not present during any of the use of force incidents. (Doc. No. 200 at 1,

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5)(emphasis in original)(see also Doc. No. 194-2). On September 6, 2022, Plaintiff was

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transferred to Robert Presley Detention Center (“RPDC”) in Riverside for re-sentencing. (Doc.

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No. 197 at 3). Defendants served Plaintiff with a copy of their motion for summary judgment on

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September 19, 2022. (Doc. No. 200-1).

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Plaintiff files a second motion to stay the case until he returns from RPDC after
resentencing so he may respond to the motion for summary judgment. (Doc. No. 197). Plaintiff

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The motion for summary judgment was filed on behalf of Defendants Barron, Montanez, Mayfield,
Moore, Arellano, Lomas, Moreno, and Delgado.

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states he left his legal property and discovery for this case at the prison’s receiving and release

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department and does not have his “interrogatories, documents, etc.,” which he requires to respond

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to the summary judgment motion. (Id. at 3-4). Plaintiff claims he is only permitted to write in

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pencil, the jail does not make copies for inmates, and access to law library takes precedence for

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criminal cases over civil cases like the instant one. (Id. at 3-5). Plaintiff also states he requires

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additional discovery because Defendants’ expert “made it clear that at least three supervising staff

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found that officers/Defendants during the incident” violated policy and it’s unclear to Plaintiff

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what polices were violated. (Id. at 4-5). Plaintiff generally claims Defendants have “made false

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accusations/declarations in their summary judgment motions which time is needed to adequately

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bring the falseness to light.” (Id. at 6).

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In response, Defendants attach the declaration of Deputy Attorney General Duggan

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providing proof of service of the pending motion for summary judgment, all attachments thereto,

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and case law to Plaintiff at the RPDC. (Doc. No. 200-1 at 1-5). Defendants explain they are

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unable to ascertain how long Plaintiff will remain at RPDC but state from past experience

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resentencing can take a few months to years. (Doc. No. 200 at 3). Defendants further note that

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before transfer to RPDC, Plaintiff had the opportunity to bring some of his legal documents, but

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correctional officials would not have allowed Plaintiff to move entire boxes of legal materials.

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(Id.).

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Defendants correctly note that Plaintiff was able to file the instant motion, which is legible

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in pencil (id. at 3) and that counsel can make copies of certain pleadings for Plaintiff if that

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becomes necessary (id. at 4). Regarding Plaintiff’s motion for an extension of time, Defendants

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note that Plaintiff is essentially arguing that he requires further discovery to respond to the

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summary judgment motion and his motion is properly construed as being brought under Federal

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Rule of Civil Procedure 56(d). (Id. at 4). Defendants submit that Plaintiff, as the moving party,

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has not sustained his burden for more time to oppose their summary judgment motion because he

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does not provide specific facts that are essential to oppose the summary judgment motion. (Id. at

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5). And, to the extent Plaintiff refers to “policies” that need discovered, he does not tie these

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policies to the summary judgment motion. (Id.). Noting that the discovery was opened on April
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19, 2016 and closed on December 12, 2018, Defendants submit Plaintiff has had more than

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sufficient time to conduct full discovery in this case. (Id. at 5).

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II. APPLICABLE LAW AND ANALYSIS

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A. Motion to Stay

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The Court is vested with broad discretion to stay a case. Clinton v. Jones, 520 U.S. 681,

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705 (1997) (citing Landis v. North American Co., 299 U.S. 248, 254 (1936)). The “party

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requesting a stay bears the burden of showing that the circumstances justify an exercise of that

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discretion.” Nken v. Holder, 556 U.S. 418, 433-34 (2009). As a general rule, “stays should not

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be indefinite in nature.” Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059,

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1066-67 (9th Cir. 2007)(emphasis added). If a stay is especially long or indefinite, a greater

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showing is required to justify it and the court must “balance the length of any stay against the

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strength of the justification given for it.” Yong v. I.N.S., 208 F.3d 1116, 1119 (9th Cir. 2000).

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Courts consider the following factors to determine if a stay is warranted: (1) the possible

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damage from the granting of a stay; (2) the hardship or inequity a party may suffer in being

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required to go forward; (3) the orderly course of justice measured in terms of simplifying or

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complicating of issues, proof, and questions of law which could be expected to result from the

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stay; (4) the interests of plaintiffs in proceeding expeditiously with the litigation; (5)the

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convenience of the Court in the management to its cases and the efficient use of judicial

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resources. CMAX, Inc. v. Hall, 300 F.2d 265, 268 (9th Cir. 1962)(listing above factors to

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consider)(citing Landis v. North American Co., 299 U.S. 248, 254-55 (1936); see also Hammond

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v. Mgmt & Training Corp., No. 1:13-cv-01209-AWI-JLT (E.D. Cal. Nov. 13, 2013).

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The Court does not find an indefinite stay of the case is warranted, e.g. until Plaintiff has

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his re-sentencing hearing and is transferred back to CDCR. It is unclear for how long Plaintiff

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will remain at RPDC. This case has been pending since 2015, has had multiple status

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conferences, settlement conferences, and was previously scheduled for trial. (See generally

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docket). In fact, Plaintiff previously challenged the amount of time this case has been pending

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and the delayed trial. (See Doc. Nos. 175, 187). The Court’s July 1, 2022 Order granting

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Defendants’ motion for leave to file a motion for summary judgment within 60 days was an effort
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to potentially narrow the issues for trial and streamline this case for trial in the near future.

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While the Court understands the hardships Plaintiff identifies in his motion, these

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hardships do not warrant an indefinite stay in this case. As evidenced by Plaintiff’s recent motion

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activity following his transfer to RPDC, Plaintiff can litigate this case. The Court experienced no

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issues with Plaintiff using a pencil to draft his motions. And, while criminal cases may take

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precedence for law library access, Plaintiff is not precluded access to the law library. During

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transfer from CDCR to the county facility, Plaintiff was permitted to bring some legal materials

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with him. Prior to his transfer, Plaintiff was aware the Court had granted Defendants’ motion to

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file a belated motion for summary judgement. And Plaintiff does not explain with any level of

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specificity what existing documents he claims he requires and does not have in order to oppose

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the Defendants’ summary judgment motion. Persuasive here is that the eight Defendants who

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moved for summary judgment do so on the basis that they were not present when the incident

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occurred. Given the age of this case, it is in the interests of justice that this case proceed as

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expeditiously as possible. Thus, Plaintiff’s second motion to stay is denied.

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B. Motion for Extension of Time to File an Opposition

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The Order permitting Defendants to file a motion for summary judgment further directed

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Plaintiff to file an opposition to any summary judgment motion within thirty (30) days thereafter.

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(Doc. No. 187 at 4, ¶ 2). Defendants served their motion for summary judgment on September 19,

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2022. Thus, Plaintiff’s motion for an extension of time is timely.

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To the extent Plaintiff states he requires additional discovery to respond to the motion for

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summary judgment the motion is considered under Federal Rule of Civil Procedure 56(d). In

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pertinent it provides:

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If a nonmovant shows by affidavit or declaration that, for specified
reasons, it cannot present facts essential to justify its opposition, the
court may:
(1) defer considering the motion or deny it; (2) allow time to obtain
affidavits or declarations or to take discovery; or (3) issue any other
appropriate order.

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Fed. R. Civ. P. 56(d). Local Rule 260(b) similarly provides that a party may oppose a summary
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judgment motion due to the need to conduct further discovery when the motion “provide[s] a

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specification of the particular facts on which discovery is to be had or the issues on which

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discovery is necessary.” The party moving under Rule 56(d) bears the burden of demonstrating

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the requisite basis for relief. Atay v. Cty. Of Maui, 842 F.3d 688, 698 (9th Cir. 2016). The

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purpose of Rule 56(d) is “to prevent a party form being unfairly thrown out of court by a

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premature motion for summary judgment.” See Jackson v. Riebold, 815 F.3d 1114, 1121 (9th

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Cir. 2016) (citations omitted); see also Burlington Northern Santa Fe Ry. Co. v. The Assiniboine,

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323 F.3d 767, 773 (9th Cir. 2003). To obtain a Rule 56(d) continuance, the nonmovant “‘must

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file an affidavit affirmatively demonstrating . . . how postponement of a ruling on the motion will

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enable him, by discovery or other means, to rebut the movant’s showing of the absence of a

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genuine issue of fact.’” Id. (alteration in original) (quotations and citations omitted). The party

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seeking the additional discovery must demonstrate that the facts sought exist and that they

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sought-after facts are essential to resist the summary judgment motion. Id. Rule 56(d) does not

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condone a fishing expedition. The party seeking more discovery must also identify documents or

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specific facts he believes would contradict the opposing side’s evidence. Id.; see also Family

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Home and Finance Center, Inc. v. Federal Home Loan Mortg. Corp., 525 F.3d 822 (9th Cir.

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2008) (reciting three requirements the non-movant must prove to garner delay or denial of motion

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for summary judgment under Rule 56(d)); see also Securities Exchange Commission v. Stein, 906

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F.3d 823, 832 (9th Cir. 2018) (reiterating that mere speculation about outstanding discovery

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needed is insufficient) Singh v. American Honda Finance Corporation, 925 F.3d 1053, 1076 (9th

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Cir. 2019) (finding no abuse of discretion when district court denied Rule 546(d) motion because

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non-movant provided only conclusory statements to support more time for discovery) .

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Further, a court should consider whether the moving party lacked diligence in pursuing

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discovery earlier. Emplrs. Teamsters Local Nos. 175 & 505 Pension Trust Fund v. Clorox

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Co., 353 F.3d 1125, 1130 (9th Cir. 2004); Chance v. Pac-Tel Teletrac Inc., 242 F.3d 1151, 1161

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n. 6 (9th Cir. 2001). If the moving party acted diligently but simply needs additional time to

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complete discovery, denying his request is an abuse of discretion. See Noyes v. Kelly Servs., 488

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F.3d 1163, 1174 (9th Cir. 2007) (finding district court improperly denied request for additional
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discovery where plaintiff had pursued discovery but opposing party caused delays); Garrett v.

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City and County of San Francisco, 818 F.2d 1515, 1518-19 (9th Cir. 1987)(finding district court

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improperly denied motion where plaintiff diligently pursued discovery but was unable to obtain

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complete responses prior to due date of response to the opposing party's summary judgment

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motion).

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Plaintiff has had ample opportunity to conduct discovery in this case which has been

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pending since 2015. (See docket). Plaintiff has not shown with specificity how reopening

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discovery is necessary for him file a response to Defendants’ pending motion for summary

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judgment which is limited in scope. Plaintiff refers to policies Defendants are alleged to have

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violated, but he does not provide sufficient specificity for the Court to determine how discovery

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of these policies could further his cause when the motion concerns the personal involvement of

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each named Defendant concerning the use of force incident. To the extent Plaintiff requires

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unspecified “interrogatories” or “documents” to respond to the motion for summary judgment, as

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more fully set forth below, he may request the same from defense counsel who offered to make

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Plaintiff copies. Because Plaintiff fails to identify with any specificity what discovery he requires

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to respond to the motion for summary judgment, the construed Rule 56(d) motion is denied.

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However, considering Plaintiff’s Motion under Rule 6(b) due to his recent transfer from

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CDCR to RPDC, the Court finds good cause to extend the deadline for Plaintiff to file a response.

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Plaintiff shall file an opposition to Defendants’ pending motion for summary judgment by

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delivering his response to the motion for summary judgment to correctional officials for mailing

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no later than December 28, 2022. This will afford Plaintiff time to confer with defense counsel

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as to what documents he requires and permit defense counsel to provide copies of the documents

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to Plaintiff. As set forth below, the Court will require the parties to confer by telephone within

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fourteen (14) days from date of this Order so Plaintiff may request what documents he requires

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and the copies may be provided to Plaintiff. .

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Accordingly, it is ORDERED:

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1.

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Plaintiff’s motion to stay (Doc. No. 197) and construed Fed. R. Civ. P. 56(d) motion

are DENIED.
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Plaintiff’s motion for an extension of time to file a response to the motion for

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summary judgment (Doc. No. 197) is GRANTED. Plaintiff shall file deliver his response to

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correctional authorities for mailing no later than December 28, 2022.

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3.

Within fourteen (14) days of the date on this Order, Defense Counsel shall initiate

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a teleconference with Plaintiff.

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documents, such as interrogatory responses or other documents obtained through discovery, that he

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requires copies of to respond to the motion for summary judgment.

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Plaintiff shall be prepared to identify with specificity the

Within (7) days thereafter, Defense Counsel shall mail copies of the identified

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documents to Plaintiff and file a Notice of Mailing with the Court. If Plaintiff fails to identify any

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documents during the telephone conference, Defense Counsel shall file a Notice advising the Court

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of the same.

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Dated:

October 27, 2022
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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