Doyle v. California Department of Corrections and Rehabilitations et al
ORDER by Judge Yvonne Gonzalez Rogers denying 29 Motion to Stay Discovery. (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 4/8/2013)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SEAN PATRICK DOYLE,
ORDER DENYING DEFENDANT
HININGER'S MOTION TO STAY
No. C 12-2769 YGR (PR)
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION,
United States District Court
For the Northern District of California
This is a civil rights action brought by a pro se prisoner pursuant to 42 U.S.C. § 1983. One
of the named Defendants, Damon T. Hininger, has filed a motion to dismiss as well as a motion to
stay discovery pending resolution of his motion to dismiss. A district court has broad discretion to
stay discovery pending the disposition of a dispositive motion. See Panola Land Buyers Ass'n v.
Shuman, 762 F.2d 1550, 1560 (11th Cir. 1985); Scroggins v. Air Cargo, Inc., 534 F.2d 1124, 1133
(5th Cir. 1976); Hovermale v. School Bd. of Hillsborough County, 128 F.R.D. 287, 289 (M.D. Fla.
1989). But, motions to stay discovery are not favored where resolution of the dispositive motion
may not dispose of the entire case. See Panola Land Buyers Assoc. v. Shuman, 762 F.2d 1550, 1560
(11th Cir. 1985); Hovermale, 128 F.R.D. at 289-90. Although Defendant Hininger's motion could
dispose of the claims against him, it would not dispose of the entire case. Moreover, staying
discovery would only further delay resolution of the case if the motion to dismiss is denied.
Accordingly, Defendant Hininger's motion for a stay is DENIED.
This Order terminates Docket No. 29.
IT IS SO ORDERED.
DATED: April 8, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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