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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?