Williams v. Alfaro

Filing 52

ORDER GRANTING 51 Defendants' Ex Parte Application; ORDER GRANTING 50 Defendants' Motion to Stay; ORDER DENYING 48 Plaintiff's Motion to Compel Discovery, Without Prejudice to its Renewal; and ORDER STAYING DISCOVERY signed by Magistrate Judge Jennifer L. Thurston on 4/11/2019. Discovery and Scheduling Order 40 is VACATED Until Further Court Order. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN WESLEY WILLIAMS,

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Plaintiff,
v.
S. ALFARO, et al.,

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Defendants.

Case No. 1:17-cv-01310-AWI-JLT (PC)
ORDER GRANTING DEFENDANTS’ EX
PARTE APPLICATION AND MOTION TO
STAY;
ORDER DENYING WITHOUT PREJUDICE
PLAINTIFF’S MOTION TO COMPEL; AND

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ORDER STAYING DISCOVERY

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(Docs. 48, 50, 51)

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Pending before the Court are plaintiff’s motion to compel discovery (Doc. 48), defendants’

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motion for summary judgment for failure to exhaust administrative remedies as to all claims (Doc.

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49), and defendants’ motion to stay the Discovery and Scheduling Order pending resolution of their

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summary judgment motion (Doc. 50). Defendants have also filed an ex parte application for order

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shortening time for consideration of their motion to stay. (Doc. 51.)

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On review, the Court finds that a stay is warranted because success on the defendants’

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motion for summary judgment for failure to exhaust administrative remedies would resolve this

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action in their favor in its entirety, and it may unnecessarily waste effort and resources by requiring

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the parties to proceed with discovery at this stage of the litigation. Accordingly, the Court

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ORDERS:

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Defendants’ ex parte application (Doc. 51) is GRANTED;

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Defendants’ motion to stay (Doc. 50) is GRANTED;

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Plaintiff’s motion to compel discovery (Doc. 48) is DENIED WITHOUT

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PREJUDICE to its renewal; and
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Discovery is STAYED. The January 2, 2019, Discovery and Scheduling Order

(Doc. 40) is VACATED until further court order.

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IT IS SO ORDERED.
Dated:

April 11, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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