Free v. Peikar et al
Filing
40
ORDER GRANTING Defendants' Motion for a Protective Order 20 , signed by Magistrate Judge Michael J. Seng on 3/20/2018. (Hellings, J)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
Plaintiff,
12
13
14
15
CASE NO. 1:17-cv-00159-AWI-MJS(PC)
PAUL FREE,
v.
ORDER GRANTING DEFENDANTS’
MOTION FOR A PROTECTIVE ORDER
(ECF No. 20)
DR NADER PEIKAR, et al.,
Defendants.
16
17
18
19
Plaintiff is a federal prisoner proceeding pro se in a civil rights action pursuant to
20
Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). The action proceeds on Plaintiff’s
21
Eighth Amendment medical indifference claim against Defendants Dr. Peikar, Ms. Mettri,
22
Ms. Fuentes-Arce, and Mr. Tyson.
23
Before the Court is the Defendants’ January 04, 2018 motion for a protective
24
order, filed in conjunction with Defendants’ motion for summary judgment for failure to
25
exhaust administrative remedies. (ECF No. 20; see also ECF No. 19.) Plaintiff filed no
26
opposition and the time for doing so has passed.
27
The Defendants request that the Court stay all merits-based discovery in this
28
1
1
matter, except that pertaining to exhaustion, until the Court rules on Defendants’ motion
2
for summary judgment. The Defendants also request that responses to any pending
3
discovery be served within thirty days after the District Judge issues a ruling on
4
Defendants’ Motion for Summary Judgment, to the extent that any claim remains.
5
The Court is vested with broad discretion to manage discovery. Dichter-Mad
6
Family Partners, LLP v. U.S., 709 F.3d 749, 751 (9th Cir. 2013) (per curiam); Hunt v.
7
Cnty. of Orange, 672 F.3d 606, 616 (9th Cir. 2012); Surfvivor Media, Inc. v. Survivor
8
Prods., 406 F.3d 625, 635 (9th Cir. 2005); Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir.
9
2002). Pursuant to Rule 26(c)(1), the Court may, for good cause, issue a
10
protective order forbidding or limiting discovery. The avoidance of undue burden or
11
expense is grounds for the issuance of a protective order, Fed. R. Civ. P. 26(c), and a
12
stay of discovery pending resolution of potentially dispositive issues furthers the goal of
13
efficiency for the courts and the litigants. Little v. City of Seattle, 863 F.2d 681, 685 (9th
14
Cir. 1988) (stay of discovery pending resolution of immunity issue).
15
The propriety of delaying discovery on the merits of the plaintiff's claims pending
16
resolution of an exhaustion motion was explicitly recognized by the Ninth Circuit. Albino
17
v. Baca, 747 F.3d 1162, 1170–71 (9th Cir. 2014) (en banc), cert. denied, 135 S.Ct. 403
18
(2014); see also Gibbs v. Carson, No. C–13–0860 THE (PR), 2014 WL 172187, at *2–3
19
(N.D. Cal. Jan. 15, 2014). The failure to exhaust is an affirmative defense, and
20
Defendant is entitled to move for judgment on the issue. Albino, 747 F.3d at 1166.
21
The Court finds that judicial economy is best served by staying discovery until
22
after the District Court rules on Defendants’ pending motion (ECF No. 19) for summary
23
judgment for failure to exhaust available administrative remedies. In addition, the
24
deadline for responding to any pending discovery, except discovery pertaining to
25
exhaustion, is extended until thirty days after the District Judge issues a ruling on
26
Defendants’ Motion for Summary Judgment.
27
Accordingly, this motion is GRANTED. All discovery except that pertaining to
28
exhaustion is STAYED until the District Court rules on Defendants’ motion for summary
2
1
judgment. The parties will have until thirty days after the District Judge issues a ruling on
2
Defendants’ Motion for Summary Judgment to respond to any currently pending
3
discovery.
4
IT IS SO ORDERED.
5
6
Dated:
March 20, 2018
/s/
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?