Smith v. Knowlton

Filing 40

ORDER DENYING Plaintiff's Motion to Stay as moot 31 ; GRANTING IN PART Plaintiff's Motion for Extension of Time to file opposition to Defendant's Motion for Summary Judgment 39 signed by Magistrate Judge Barbara A. McAuliffe on 9/24/2019. 30-Day Filing Deadline. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE CHRISTOPHER SMITH,

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Plaintiff,

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v.

Case No. 1:18-cv-00851-LJO-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR STAY AS MOOT
(ECF No. 31)

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ORDER GRANTING IN PART PLAINTIFF’S
MOTION FOR EXTENSION OF TIME TO
FILE OPPOSITION TO DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT
(ECF No. 39)

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THIRTY (30) DAY DEADLINE

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KNOWLTON,

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Defendant.

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I.

Procedural History
Plaintiff Lawrence Christopher Smith (“Plaintiff”) is a state prisoner proceeding pro se

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and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action

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proceeds against Defendant Knowlton for excessive force in violation of the Eighth Amendment.

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On June 5, 2019, the Court identified this case as an appropriate case for the post-

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screening ADR (Alternative Dispute Resolution) project, and stayed the action to allow the

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parties an opportunity to settle their dispute before a responsive pleading was filed. A settlement

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conference before Magistrate Judge Stanley A. Boone was held on July 12, 2019. (ECF No. 27.)

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The Court was informed that the case did not settle, and the stay was lifted. (ECF Nos. 26, 28.)

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On July 31, 2019, Plaintiff filed a motion for a stay of the proceedings. (ECF No. 31.)

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Defendant filed an answer to the complaint on August 2, 2019, and the Court issued a discovery

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and scheduling order on August 5, 2019. (ECF Nos. 32, 33.) Rather than filing an opposition to

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Plaintiff’s motion for stay, Defendant filed a motion for summary judgment on August 23, 2019.1

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(ECF No. 37.)
Currently before the Court are Plaintiff’s motion for stay and Plaintiff’s motion for

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continuance in these proceedings, filed September 16, 2019. (ECF Nos. 31, 39.) Defendant has

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not yet had the opportunity to file a response to Plaintiff’s motion for continuance, but the Court

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finds a response is unnecessary. The motions are deemed submitted. Local Rule 230(l).

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II.

Motion for Stay

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In his motion for stay, Plaintiff argues that due to his being transferred to various

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institutions just prior to the July 12, 2019 settlement conference, he was not adequately prepared

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to litigate his claims before Magistrate Judge Boone. Specifically, Plaintiff alleges that prison

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officials retaliated against him by refusing to allow him to transpack with his necessary legal

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property, and that he did not receive all of the Court’s relevant orders from the time period

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leading up to the settlement conference. Plaintiff therefore requests a stay of sixty days to allow

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him to draft several motions, including a motion for monetary sanctions against Defendant for

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violating the Court’s June 19, 2019 order to transport Plaintiff to the settlement conference with

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his necessary legal property and for destruction of his legal documents and books, a motion

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compelling production of discovery, and a motion for summary judgment. (ECF No. 31, p. 5.)
The district court “has broad discretion to stay proceedings as an incident to its power to

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control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997) (citing Landis v. North

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American Co., 299 U.S. 248, 254 (1936)). “Generally, stays should not be indefinite in nature.”

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Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 1066–67 (9th Cir. 2007).

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If a stay is especially long or its term is indefinite, a greater showing is required to justify it.

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Yong v. I.N.S., 208 F.3d 1116, 1119 (9th Cir. 2000). The party seeking the stay bears the burden

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Plaintiff filed a motion for sanctions on August 16, 2019. (ECF No. 36.) Defendant filed an opposition on
September 5, 2019. (ECF No. 38.) This motion will be resolved by separate order.

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of establishing the need to stay the action. Clinton, 520 U.S. at 708.

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As noted above, Plaintiff has already filed a motion for sanctions against Defendant,

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which will be addressed in a separate order. (ECF No. 36.) Further, pursuant to the Court’s

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August 5, 2019 discovery and scheduling order, the deadlines for the filing of any motions to

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compel or motions for summary judgment will not expire until April 5, 2020 and November 5,

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2019, respectively. (ECF No. 33.) As such, Plaintiff has failed to establish the need to stay this

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action at this time, and the motion will be denied.

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III.

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Motion for Continuance
In his motion for continuance of these proceedings, Plaintiff argues that he requires

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additional time to respond to Defendant’s motion for summary judgment because he must

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conduct additional legal research and discovery. He therefore requests an extension of forty-five

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days to file his opposition. (ECF No. 39.) The Court construes the motion as a request for an

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extension of time to file an opposition to the pending motion for summary judgment. Having

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considered the request, and good cause appearing, Plaintiff’s motion for extension of time will be

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granted, in part. The Court finds that an extension of thirty days, rather than forty-five, is

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appropriate under the circumstances.

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IV.

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Conclusion and Order
Accordingly, IT IS HEREBY ORDERED as follows:

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1. Plaintiff’s motion for stay, (ECF No. 31), is DENIED;

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2. Plaintiff’s motion for continuance, (ECF No. 39), is GRANTED IN PART; and

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3. Plaintiff’s opposition to Defendant’s motion for summary judgment is due within thirty

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(30) days from the date of service of this order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 24, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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