Marpel v. Saukhla et al

Filing 31

ORDER signed by Magistrate Judge Kendall J. Newman on 8/29/11 GRANTING 30 Motion for Protective Order. Discovery is stayed in this action until the court rules on defendants pending dispositive motion. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH MARPEL,
Plaintiff,

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vs.

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No. 2:11-cv-0387 KJN P

SAUKHLA, et al.,

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Defendants.

ORDER
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Plaintiff is a state prisoner, proceeding without counsel and in forma pauperis, in

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this civil rights action filed pursuant to 42 U.S.C. § 1983. Pending is defendants’ motion for

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protective order, filed August 26, 2011, pursuant to which defendants request a stay of discovery

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until this court rules on defendants’ motion to dismiss, which is now fully briefed (as of August

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18, 2011). Defendants’ dispositive motion seeks to dismiss this entire action.

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The court has wide discretion to issue protective orders. BRS Land Investors v.

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United States, 596 F.2d 353, 356 (9th Cir. 1979). While “[d]iscovery need not cease during the

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pendency of a motion to dismiss,” SK Hand Tool Corp. v. Dresser Indust., Inc., 852 F.2d 936,

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945 n.11 (7th Cir. 1988), a court may limit discovery under Federal Rule of Civil Procedure

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(c)(1) “for good cause,” and stay discovery when it is possible that plaintiff may be unable to

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state a claim for relief. Wood v. McEwen, 644 F.2d 797, 801 (9th Cir. 1981) (citing former Fed.
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R. Civ. P. 26(c)(4)). Under these circumstances, a United States Magistrate Judge “has broad

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discretion to stay discovery pending decision on a dispositive motion.” Panola Land Buyers

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Ass'n v. Shuman, 762 F.2d 1550, 1560 (11th Cir. 1985).
Because the pending dispositive motion seeks to dismiss this action in its entirety,

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the court finds good cause for staying discovery until the dispositive motion has been resolved.

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This ruling will prevent undue burden or expense by all parties. Defendants are directed to

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“hold” plaintiff’s discovery requests pending a decision on the merits of their dispositive motion;

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if the motion is resolved in plaintiff’s favor, he may “renew” his discovery requests with a short

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letter, rather than re-serve the actual requests.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ motion for protective order filed August 26, 2011 (Dkt. No. 30) is

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granted; and
2. Discovery is stayed in this action until the court rules on defendants’ pending

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dispositive motion.

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DATED: August 29, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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marp0387.stay.disc.

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