Madsen v. Risenhoover et al

Filing 83

ORDER by Judge ARMSTRONG denying 79 Motion to Stay (lrc, COURT STAFF) (Filed on 2/16/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RICK MADSEN,

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Plaintiff,

No. C 09-5457 SBA (PR)
ORDER DENYING DEFENDANTS'
MOTION FOR A STAY OF DISCOVERY

v.
SUE E. RISENHOOVER, et al.,

(Docket no. 79)

Defendants.
______________________________________/
Plaintiff Rick Madsen, a state prisoner incarcerated at Pelican Bay State Prison, filed this

United States District Court
For the Northern District of California

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civil rights action under 42 U.S.C. § 1983. Defendants have filed a motion for summary judgment.

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Defendants have also filed a motion to stay discovery pending the resolution of their motion for

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summary judgment regarding the defense of qualified immunity.

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A district court has broad discretion to stay discovery pending the disposition of a

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dispositive motion. See Panola Land Buyers Ass'n v. Shuman, 762 F.2d 1550, 1560 (11th Cir.

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1985); Scroggins v. Air Cargo, Inc., 534 F.2d 1124, 1133 (5th Cir. 1976).

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Plaintiff alleges that Defendants were deliberately indifferent to his serious medical needs by

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providing inadequate medical treatment for his Hepatitis C. The medical care Plaintiff did or did

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not receive as well as the circumstances surrounding such allegations are critical to determining the

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viability of Plaintiff's claims. Moreover, a stay of discovery could affect Plaintiff's ability to file his

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opposition to Defendants' motion for summary judgment. Furthermore, staying discovery would

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only further delay resolution of the case if the motion for summary judgment is denied.

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Accordingly, Defendants' motion for a stay of discovery (docket no. 79) is DENIED.

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This Order terminates Docket no. 79.

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IT IS SO ORDERED.

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DATED:

2/15/12
SAUNDRA BROWN ARMSTRONG
United States District Judge

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G:\PRO-SE\SBA\CR.09\Madsen5457.denySTAYdiscovery.frm

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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RICK MADSEN,
Case Number: CV09-05457 SBA

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Plaintiff,
CERTIFICATE OF SERVICE

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v.
SUE E. RISENHOOVER et al,
Defendant.

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United States District Court
For the Northern District of California

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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.
That on February 16, 2012, 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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Rick Madsen E10400
Pelican Bay State Prison
5905 Lake Earl Drive
Crescent City, CA 95531

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Dated: February 16, 2012
Richard W. Wieking, Clerk
By: Lorene DeBose, Deputy Clerk

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G:\PRO-SE\SBA\CR.09\Madsen5457.denySTAYdiscovery.frm

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