Bonty v. Kuman et al

Filing 91

ORDER by Judge Haywood S. Gilliam, Jr. Granting 90 Stipulation to Stay Discovery Pending Court's Ruling on Defendants' Motion to Revoke Plaintiff's In Forma Pauperis Status. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 9/4/2018)

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XAVIER BECERRA
Attorney General of California
JAY M. GOLDMAN
Supervising Deputy Attorney General
NECULAI GRECEA
Deputy Attorney General
State Bar No. 307570
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants
C. Lott, K. Kumar, L. Gamboa, C. Bourne, J. Lewis,
D. Bright, S. Gates, and T. Murillo

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MILES ORLONDO BONTY,

4:17-cv-03516-HSG

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Plaintiff,

JOINT STIPULATION AND
[PROPOSED] ORDER TO STAY
DISCOVERY PENDING COURT’S
RULING ON DEFENDANTS’ MOTION
TO REVOKE PLAINTIFF’S IN FORMA
PAUPERIS STATUS

Defendants.

Judge:
Hon. Haywood S. Gilliam, Jr.
Trial Date:
Not Set
Action Filed: June 19, 2017

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v.
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LAWRENCE GAMBOA, et al.,

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Plaintiff Miles Bonty and Defendants Lott, Kumar, Gamboa, Bourne, Lewis, Bright, Gates,

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and Murillo, through their counsel, met and conferred, and stipulate to stay all discovery in this

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case until the Court issues its order deciding Defendants’ motion to revoke Plaintiff’s in forma

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pauperis status, which was filed on July 3, 2018. Discovery under this stipulation includes, but is

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not limited to, interrogatories, requests for production of documents, requests for admission, and

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depositions propounded under the Federal Rules of Civil Procedure, and all discovery-related

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motions. The stay of discovery also includes discussions about any discovery disputes and

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previous discovery requests in this case. The parties further agree to meet and confer after the
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Joint Stip. Stay Disc. Pending Ct.’s Ruling Defs.’ Mot. Revoke Pl.’s In Forma Pauperis Status(4:17-cv-03516-HSG)

Court issues the order deciding Defendants' three-strikes motion and resume any discovery2

related discussions, if necessary. In the event the Court denies Defendants' motion, the parties

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agree Defend.ants have 30 days from the date of the Court's order to respond to any pending

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discovery requests.

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The parties so stipulate.

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Dated;

;f .JI 20/Y
MILES ORLONDO BONTY (D-12821)

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Plaintiff in Pro Per

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Dated:
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NECULAI GRECEA

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D~puty Attorney General
Counsel for Defendants

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[PROPOSED] ORDER

The parties have stipulated to stay discovery until Defendants' motion to revoke Plaintiffs

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informa pauperis status is resolved. Accordingly, discovery is STA YEO until the motion is

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ruled upon. The stay will automatically be lifted upon resolution of the motion without further

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order of the Court, provided Plaintiff the case is not dismissed in its entirety. In the event the

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Court denies Defendants' motion, the parties agreed Defendants have 30 days from the Court's

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order denying the motion to respond to any pending discovery requests.

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IT IS SO ORDERED

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Dated: - - - - - - -- -9*4/2018

S. GILLIAM, JR.
United States District Court Judge

HON , HAYWOOD

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SF2018200662
4204030 l .docx

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Joint Stip. Stay Disc. Pending Ct. 's Ruling Defs. ' Mot. Revoke Pl.'s In Forma Pauperis Status(4: I 7-cv-03516-HSG)

CERTIFICATE OF SERVICE
Case Name:

M. Bonty v. L. Gamboa, et al.

No.

4:17-cv-03516-HSG

I hereby certify that on August 31, 2018, I electronically filed the following documents with the
Clerk of the Court by using the CM/ECF system:
JOINT STIPULATION AND [PROPOSED] ORDER TO STAY DISCOVERY
PENDING COURT’S RULING ON DEFENDANTS’ MOTION TO REVOKE
PLAINTIFF’S IN FORMA PAUPERIS STATUS
Participants in the case who are registered CM/ECF users will be served by the CM/ECF system.
I am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter. I am familiar with the business practice at the Office of the
Attorney General for collection and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system at the Office of the Attorney General is deposited with the United States
Postal Service with postage thereon fully prepaid that same day in the ordinary course of
business.
I further certify that some of the participants in the case are not registered CM/ECF users. On
August 31, 2018, I have caused to be mailed in the Office of the Attorney General's internal mail
system, the foregoing document(s) by First-Class Mail, postage prepaid, or have dispatched it to
a third party commercial carrier for delivery within three (3) calendar days to the following nonCM/ECF participants:
Miles Orlondo Bonty, D12821
Salinas Valley State Prison
P.O. Box 1020
Soledad, CA 93960-1020
In Pro Per
I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on August 31, 2018, at San Francisco,
California.
R. Caoile
Declarant
SF2018200662
42040481.docx

/s/ R. Caoile
Signature