Smith v. Martinez, et al.
Filing
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ORDER granting 30 Motion to Stay Discovery and to vacate Discovery and Scheduling Order deadlines signed by Magistrate Judge Michael J. Seng on 3/21/2018. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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EARL D. SMITH,
Plaintiff,
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v.
MARTINEZ,
CASE NO. 1:17-cv-01092-AWI-MJS(PC)
ORDER GRANTING DEFENDANT’S
MOTION TO STAY DISCOVERY AND TO
VACATE DISCOVERY AND SCHEDULING
ORDER DEADLINES
(ECF No. 30)
Defendant.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
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rights action brought pursuant to 42 U.S.C. § 1983. This matter proceeds on Plaintiff’s
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First Amendment retaliation claim against Defendant Martinez.
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Before the Court is the Defendant’s February 16, 2018 motion to stay discovery
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and modify the discovery and scheduling order, filed in conjunction with Defendant’s
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motion for summary judgment for failure to exhaust administrative remedies. (ECF No.
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30; see also ECF No. 29.) Plaintiff filed opposition. (ECF No. 36.)
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Defendant requests that the Court stay discovery, except that pertaining to
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exhaustion, and vacate the deadlines for discovery and dispositive motions as set in the
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Discovery and Scheduling Order (ECF No. 27) pending the Court’s resolution of
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Defendant’s motion for summary judgment.
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Plaintiff objects that staying discovery would be prejudicial because he has not yet
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had the time to conduct the discovery necessary to respond to Defendant’s motion for
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summary judgment.
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The Court is vested with broad discretion to manage discovery. Dichter-Mad
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Family Partners, LLP v. U.S., 709 F.3d 749, 751 (9th Cir. 2013) (per curiam); Hunt v.
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Cnty. of Orange, 672 F.3d 606, 616 (9th Cir. 2012); Surfvivor Media, Inc. v. Survivor
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Prods., 406 F.3d 625, 635 (9th Cir. 2005); Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir.
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2002). Pursuant to Rule 26(c)(1), the Court may, for good cause, issue a
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protective order forbidding or limiting discovery. The avoidance of undue burden or
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expense is grounds for the issuance of a protective order, Fed. R. Civ. P. 26(c), and a
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stay of discovery pending resolution of potentially dispositive issues furthers the goal of
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efficiency for the courts and the litigants. Little v. City of Seattle, 863 F.2d 681, 685 (9th
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Cir. 1988) (stay of discovery pending resolution of immunity issue).
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The propriety of delaying discovery on the merits of the plaintiff's claims pending
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resolution of an exhaustion motion was explicitly recognized by the Ninth Circuit. Albino
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v. Baca, 747 F.3d 1162, 1170–71 (9th Cir. 2014) (en banc), cert. denied, 135 S.Ct. 403
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(2014); see also Gibbs v. Carson, No. C–13–0860 THE (PR), 2014 WL 172187, at *2–3
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(N.D. Cal. Jan. 15, 2014). The failure to exhaust is an affirmative defense, and
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Defendant is entitled to move for judgment on the issue. Albino, 747 F.3d at 1166.
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In addition, modification of a scheduling order requires a showing of good cause,
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Fed. R. Civ. P. 16(b)(4), and good cause requires a showing of due diligence, Johnson
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v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).
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Here, the Defendant exercised due diligence in bringing this motion and judicial
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economy would be best served by staying discovery, except that pertaining to
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exhaustion, until the Court rules on the motion for summary judgment. Although the stay
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could conceivably delay ultimate resolution of Plaintiff’s suit, it may expedite it, and the
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benefit of the stay outweighs any negative effect.
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Accordingly, this motion is GRANTED. Discovery not relating to exhaustion is
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stayed and the deadlines in this Court’s Discovery and Scheduling Order are vacated
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until after the District Court rules on Defendant’s pending motion for summary judgment.
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(ECF No. 29.)
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IT IS SO ORDERED.
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Dated:
March 21, 2018
/s/
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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