Eiland v. Sacramento County Main Jail Medical Facility et al

Filing 36

ORDER AND REVISED SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 9/10/2019 DENYING without prejudice plaintiff's 34 motion to stay; GRANTING plaintiff 30 days to file a motion to reopen discovery; and CONTINUING the pretrial motions deadline to 12/4/2019. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODNEY CHARLES EILAND,

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No. 2:18-cv-1042 MCE KJN P

Plaintiff,
v.
SACRAMENTO COUNTY SHERIFF’S
DEPARTMENT, et al.,

ORDER AND REVISED SCHEDULING
ORDER

Defendants.

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Plaintiff is a former jail inmate, proceeding pro se and in forma pauperis. This action

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proceeds on plaintiff’s medical claims against defendants Walden and Tam resulting from an

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injury plaintiff sustained on or about May 5, 2016, while playing basketball at the Sacramento

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County Main Jail. On July 8, 2019, plaintiff filed an amended motion for stay, notifying the court

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of his impending parole, and requesting that this action be stayed, including the deadline to

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complete discovery, to allow plaintiff an opportunity to adjust to parole and attempt to obtain

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counsel or other legal assistance. On July 8, 2019, plaintiff also filed a notice of change of

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address, reflecting his release on parole from the Golden State Modified Correctional Facility.

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(ECF No. 33.)

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Defendants oppose the motion, and counsel declares that defendants sent plaintiff

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discovery requests on April 24, 2019, plaintiff responded on June 4, 2019, and plaintiff was

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deposed on June 13, 2019. (ECF No. 35-1 at 1.) Defendants contend that plaintiff fails to
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demonstrate that the governing factors weigh in favor of a stay. Defendants argue that

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compliance with parole terms is irrelevant, and delay of these proceedings prejudices defendants’

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rights to an expeditious end to this litigation. (ECF No. 35 at 3.) Further, defendants argue that

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plaintiff has successfully litigated this action to date, so his inability to retain counsel also does

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not justify a stay.

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A district court may stay proceedings in the exercise of its authority to “control the

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disposition of the causes on its docket with economy of time and effort for itself, for counsel, and

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for [the] litigants.” Landis v. N. Am. Co., 299 U.S. 248 (1936). A stay is discretionary and the

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“party requesting a stay bears the burden of showing that the circumstances justify an exercise of

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that discretion.” Nken v. Holder, 556 U.S. 418, 433-34 (2009). Motions to stay are analogous to

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requests for preliminary injunctive relief, and the analysis is similar. Id. at 426 (considering (1)

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likelihood of success on the merits, (2) likelihood of irreparable harm, (3) potential impairment to

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opposing party’s interest in the proceedings, and (4) public interest considerations).

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Here, plaintiff did not address the Landis factors. Thus, the court is unable to determine

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the likelihood of success on the merits or irreparable harm. Under the March 25, 2019 discovery

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and scheduling order, discovery closed July 12, 2019. At the time plaintiff first submitted his

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motion to stay, he was in custody and defendants had propounded discovery and noticed

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plaintiff’s deposition. Plaintiff has been deposed and responded to defendants’ discovery

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requests. In his motion signed July 8, 2019, plaintiff states that he was advised by prison staff

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that “discovery will be vital” but that given the number of inmates, staff did not have the time to

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assist plaintiff in completing discovery before the deadline. But plaintiff did not identify the

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discovery he believes he needs to propound or explain his delay in attempting to gain assistance

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after the March 25, 2019 order issued, and therefore fails to demonstrate good cause exists to

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reopen discovery. Plaintiff claims that he is actively seeking counsel but provides no details as to

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such efforts.

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Moreover, at present, plaintiff is no longer incarcerated. Thus, many of the impediments

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inmates face in litigating a case from prison no longer exist. For example, plaintiff may now

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attend the Sacramento County Public Law Library at 609 Ninth Street, Sacramento, California.
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While the court is sympathetic to plaintiff’s adjustments to parole and any difficulties he has had

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in litigating this action, plaintiff has demonstrated that he is capable of litigating this action and

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responding to court orders and defendants’ filings.

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Accordingly, the undersigned finds that plaintiff has failed to demonstrate that the factors

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weigh in favor of granting plaintiff a stay of this action. Plaintiff is cautioned that as a pro se

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litigant, he is responsible for diligently prosecuting his own action.

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That said, in an abundance of caution, plaintiff is provided an opportunity to file a motion

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to reopen discovery, provided he can demonstrate good cause and demonstrate his diligence.

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Rule 16(b) provides that “[a] schedule may be modified only for good cause and with the judge’s

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consent.” Fed. R. Civ. P. 16(b)(4). “The schedule may be modified ‘if it cannot reasonably be

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met despite the diligence of the party seeking the extension.’” Zivkovic v. Southern California

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Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting Johnson v. Mammoth Recreations,

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Inc., 975 F.2d 604, 607 (9th Cir. 1992).

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In light of this order, the pretrial motions deadline is continued to December 4, 2019. At

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this time, discovery remains closed. If plaintiff chooses not to move to reopen discovery, the case

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will proceed as modified by this order.

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In the meantime, should plaintiff retain counsel, plaintiff should have his attorney notify
the court and defendants’ counsel.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to stay (ECF No. 34) is denied without prejudice;

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2. Plaintiff is granted thirty days in which to file a motion to reopen discovery; and

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3. In light of this order, the pretrial motions deadline (ECF No. 30) is continued to

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December 4, 2019.

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Dated: September 10, 2019

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/eila1042.mts

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