Doyle v. California Department of Corrections and Rehabilitations et al

Filing 33

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)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 SEAN PATRICK DOYLE, 7 8 9 ORDER DENYING DEFENDANT HININGER'S MOTION TO STAY DISCOVERY Plaintiff, 5 6 No. C 12-2769 YGR (PR) v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants. / United States District Court For the Northern District of California 10 11 This is a civil rights action brought by a pro se prisoner pursuant to 42 U.S.C. ยง 1983. One 12 of the named Defendants, Damon T. Hininger, has filed a motion to dismiss as well as a motion to 13 stay discovery pending resolution of his motion to dismiss. A district court has broad discretion to 14 stay discovery pending the disposition of a dispositive motion. See Panola Land Buyers Ass'n v. 15 Shuman, 762 F.2d 1550, 1560 (11th Cir. 1985); Scroggins v. Air Cargo, Inc., 534 F.2d 1124, 1133 16 (5th Cir. 1976); Hovermale v. School Bd. of Hillsborough County, 128 F.R.D. 287, 289 (M.D. Fla. 17 1989). But, motions to stay discovery are not favored where resolution of the dispositive motion 18 may not dispose of the entire case. See Panola Land Buyers Assoc. v. Shuman, 762 F.2d 1550, 1560 19 (11th Cir. 1985); Hovermale, 128 F.R.D. at 289-90. Although Defendant Hininger's motion could 20 dispose of the claims against him, it would not dispose of the entire case. Moreover, staying 21 discovery would only further delay resolution of the case if the motion to dismiss is denied. 22 Accordingly, Defendant Hininger's motion for a stay is DENIED. 23 This Order terminates Docket No. 29. 24 IT IS SO ORDERED. 25 DATED: April 8, 2013 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 26 27 28 G:\PRO-SE\YGR\CR.12\Doyle2769.denySTAYdiscovery.wpd

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