Wilson v. Torres

Filing 19

ORDER granting 17 Motion for a Protective Order staying merits-based Discovery and granting 18 Motion for Extension of Time to respond to Discovery signed by Magistrate Judge Stanley A. Boone on 10/17/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TERRANCE WILSON,

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Plaintiff,

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v.
TORRES,

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Defendant.

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Case No.: 1:17-cv-00375-DAD-SAB (PC)
ORDER GRANTING DEFENDANT’S MOTION
FOR A PROTECTIVE ORDER STAYING
MERITS-BASED DISCOVERY, AND GRANTING
DEFENDANT’S REQUEST TO EXTEND THE
TIME TO RESPOND TO DISCOVERY
[ECF Nos. 17, 18]

Plaintiff Terrance Wilson is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.

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On September 14, 2017, Defendant filed a motion for summary judgment for failure to exhaust

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the administrative remedies and failure to comply with the California Torts Claims Act. On this same

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date, Defendant also filed a motion for a protective order staying all merits-based discovery pending a

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final ruling on the motion for summary judgment.
On September 25, 2017, Defendant filed a request for an extension of time to respond to

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Plaintiff’s request for admissions. Defendant submits that all but one request relates to the merits of

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Plaintiff’s case, and responses were due September 28, 2017. Defendant further submits that he

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separately responded to the one exhaustion-based request for admission.

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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); Hunt, 672 F.3d at 616; Surfvivor Media,

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Inc. v. Survivor Prods., 406 F.3d 625, 635 (9th Cir. 2005); Hallett v. Morgan, 296 F.3d 732, 751 (9th

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Cir. 2002). Pursuant to Rule 26(c)(1), the Court may, for good cause, issue a protective order

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forbidding or limiting discovery. The avoidance of undue burden or expense is grounds for the

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issuance of a protective order, Fed. R. Civ. P. 26(c), and a stay of discovery pending resolution of

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potentially dispositive issues furthers the goal of efficiency for the courts and the litigants, Little v.

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City of Seattle, 863 F.2d 681, 685 (9th Cir. 1988) (stay of discovery pending resolution of immunity

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issue). The propriety of delaying discovery on the merits of the plaintiff’s claims pending resolution

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of an exhaustion motion was explicitly recognized by the Ninth Circuit. Albino v. Baca, 747 F.3d

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1162, 1170-71 (9th Cir. 2014) (en banc), cert. denied, 135 S.Ct. 403 (2014); see also Gibbs v. Carson,

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No. C-13-0860 THE (PR), 2014 WL 172187, at *2-3 (N.D. Cal. Jan. 15, 2014).
The failure to exhaust is an affirmative defense, and Defendants are entitled to judgment on

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Plaintiff’s claims against them if the Court determines the claims are unexhausted. Albino, 747 F.3d

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at 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 is entitled to seek redress. Fed. R. Civ. P. 56(d);

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Albino, 747 F.3d at 1170-71; Wyatt v. Terhune, 315 F.3d 1108, 1115 n.7 (9th Cir. 2003) (overruled on

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other grounds by Albino, 747 F.3d at 1168-69). Therefore, Defendant is entitled to the stay of

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discovery he seeks. In the absence of any actual prejudice to Plaintiff and good cause having been

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shown, Defendant’s motion for a protective order shielding them from discovery pending

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resolution of their exhaustion motion shall be granted. 1 Fed. R. Civ. P. 26(c); Albino, 747 F.3d at

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1170-71.

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If Defendant’s motion for summary judgment is denied, the Court will issue an amended scheduling order. (ECF No.
24.)

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Accordingly, it is HEREBY ORDERED that:

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Defendant’s motion for a protective order is granted and discovery is STAYED; and

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In light of the stay of discovery, Defendant’s motion for an extension of time to

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respond to the outstanding merits-based discovery is GRANTED.

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IT IS SO ORDERED.

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Dated:

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October 17, 2017
UNITED STATES MAGISTRATE JUDGE

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