Kaufman v. Spearman et al

Filing 94

ORDER by Judge James Donato granting 76 Motion to Stay Discovery. (lrcS, COURT STAFF) (Filed on 8/23/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOEL DAVID KAUFMAN,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 15-cv-02777-JD

ORDER ON MOTIONS

v.

Re: Dkt. Nos. 76, 89
M. E. SPEARMAN, et al.,
Defendants.

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Plaintiff, a state prisoner, proceeds with a pro se civil rights complaint under 42 U.S.C. §

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1983. Plaintiff alleges that defendants were deliberately indifferent to his food allergies by not

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providing appropriate allergy free meals. Defendants filed a motion for summary judgment stating

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that they were not deliberately indifferent to plaintiff’s medical needs and they are entitled to

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qualified immunity. Plaintiff has filed an opposition and defendants filed a reply. Plaintiff has

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already sought extensive discovery which has been provided by defendants and the Court issued

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subpoenas for additional information. Defendants now seek to stay discovery pending the ruling

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on the summary judgment motion.

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A district court should stay discovery until the threshold question of qualified immunity is

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settled. See Crawford-El v. Britton, 523 U.S. 574, 598 (1998); Anderson v. Creighton, 483 U.S.

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635, 646 n.6 (1987); Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982); Dimartini v. Ferrin, 889

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F.2d 922, 926 (9th Cir. 1989), amended, 906 F.2d 465 (9th Cir. 1990), cert. denied, 501 U.S. 1204

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(1991). In light of these cases, the motion to stay is granted and plaintiff may pursue additional

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discovery if the summary judgment motion is denied.

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The Court orders as follows:

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Defendants’ motion to stay discovery (Docket No. 76) is GRANTED.

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2.

Plaintiff’s motion for an independent investigation by the California Attorney

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General or the Federal Bureau of Investigations (Docket No. 89) is DENIED.
IT IS SO ORDERED.
Dated: August 23, 2017

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOEL DAVID KAUFMAN,

Case No. 15-cv-02777-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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M. E. SPEARMAN, et al.,
Defendants.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on August 23, 2017, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Joel David Kaufman
AT3133
P.O. Box 705
Soledad, CA 93960

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Dated: August 23, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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