Bell v. Martel et al

Filing 74

ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/21/19 GRANTING IN PART AND DENYING IN PART 72 Motion for an order vacating discovery deadlines. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL XAVIER BELL,

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No. 2:17-cv-00063-MCE-CKD

Plaintiff,
v.

ORDER

MICHAEL MARTEL, et al.,
Defendants.

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Plaintiff is a state inmate proceeding pro se in this civil rights action filed pursuant to 42

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U.S.C. § 1983. On June 20, 2019 the court denied plaintiff’s motion to compel without prejudice

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based in part on defendants’ representation in their opposition that they “anticipate[d] completing

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the responses [to plaintiff’s discovery requests] before July 9, 2019” and “that to the extent a new

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deadline for responses is set, the deadline be set then or thereafter.” ECF No. 67 at 2. As a result

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of this representation, the court did not enter a stay of the discovery deadlines governing this case

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pending the August 1, 2019 scheduled settlement conference.

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Defendants have now filed a motion for an order vacating all the discovery deadlines in

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this case in order to avoid any additional time and expense in responding to discovery as well as

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in deposing plaintiff. ECF No. 72. The court is not inclined to stay all discovery deadlines in this

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case based on respondent’s prior representation. However, the court understands that defendants

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are attempting to conserve their finite resources.
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With the exception of defendants’ July 9, 2019 deadline for responding to plaintiff’s

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discovery requests, all other discovery deadlines are hereby vacated and this case is stayed

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pending the August 1, 2019 settlement conference.

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Accordingly, IT IS HEREBY ORDERED that defendants’ motion for an order vacating

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discovery deadlines (ECF No. 72) is granted in part and denied in part as indicated herein.

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Dated: June 21, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/bell0063.motiontostay.docx

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