Garcia v. Lee et al

Filing 33

ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/10/16 ordering discovery in this matter is stayed until the district court issues a final ruling on the defendant's 8/05/16 motion for summary judgment. The discovery and pretrial motion cut off dates set forth in the Discovery and Scheduling Order issued on 6/28/16 are hereby vacated. The court will reset those dates if defendant's motion for summary judgment is denied. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS J. GARCIA,

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No. 2:15-cv-1888 MCE CKD P

Plaintiff,
v.

ORDER

BONNIE LEE, et al.,
Defendants.

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This action proceeds on plaintiff’s medical indifference claim against defendant Hogue,

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who has answered the complaint. (ECF Nos. 13, 15 & 29.) The discovery deadline is November

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18, 2016. (ECF No. 31.) On August 5, 2016, defendant filed a motion for summary judgment on

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the ground that plaintiff has not exhausted administrative remedies as to his claim under 42

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U.S.C. § 1997e(a). (ECF No. 32.)

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Courts may issue a protective order staying discovery pending the resolution of potentially

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dispositive motions. See e.g., Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir. 1988) (no

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abuse of discretion where district court stayed discovery until issue of immunity was decided on

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summary judgment). In appropriate circumstances, a discovery stay “furthers the goal of

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efficiency for the court and litigants.” Id. at 685.

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Here, as defendant’s motion for summary judgment is potentially dispositive, it is

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appropriate to stay discovery on the merits of plaintiff’s claim and vacate the pretrial motion
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deadline pending resolution of the motion. See Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir.

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2014) (en banc) (“Exhaustion should be decided, if feasible, before reaching the merits of a

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prisoner’s claim”; thus district court may “leav[e] until later . . . discovery directed to the merits

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of the suit.”), citing Pavey v. Conley, 544 F.3d 739, 742 (7th Cir. 2008)

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Accordingly, IT IS HEREBY ORDERED that:

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1. Discovery in this matter is stayed until the district court issues a final ruling on the

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defendant’s August 5, 2016 motion for summary judgment; and

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2. The discovery and pretrial motion cut off dates set forth in the Discovery and

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Scheduling Order issued on June 28, 2016 are hereby vacated. The court will reset those dates if

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defendant’s motion for summary judgment is denied.

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Dated: August 10, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 /garc1888.stay

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