Diaz v. Fox et al

Filing 30

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/24/2016 GRANTING defendants' 29 motion to stay; and discovery in this action is STAYED pending the resolution of defendants' motion to dismiss and the issuance of a Discovery and Scheduling Order. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MIGUEL DIAZ,

No. 2:14-cv-2705 JAM CKD P

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Plaintiff, ORDER
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v.
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R. FOX, et al. ,

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Defendants.

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Defendants request a stay of discovery in this action until their Rule 12(b)(6) motion is

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decided. (ECF No. 29.) No Discovery and Scheduling Order has issued, and plaintiff will not be

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prejudiced by waiting until that time to serve discovery requests on defendants. Insofar as

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plaintiff has already served document requests, he need not re-serve them; defendants shall

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consider them served as of the date any Discovery and Scheduling Order issues.
Good cause appearing, IT IS HEREBY ORDERED that:

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1. Defendants’ motion to stay (ECF No. 29) is granted; and

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2. Discovery in this action is stayed pending the resolution of defendants’ motion to

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dismiss (ECF NO. 28) and the issuance of a Discovery and Scheduling Order.

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Dated: February 24, 2016

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE