Parrish v. Solis et al

Filing 72

ORDER by Judge Lucy H. Koh granting 61 Motion to Stay; denying 68 Motion to Compel; denying 70 Motion to Compel (Attachments: # 1 certificate of mailing) (mpb, COURT STAFF) (Filed on 5/11/2012)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 KAHEAL PARRISH, 11 Plaintiff, 12 v. 13 A. SOLIS, et al., 14 Defendants. 15 16 ) ) ) ) ) ) ) ) ) ) No. C 11-1438 LHK (PR) ORDER GRANTING MOTION TO STAY DISCOVERY; DENYING MOTIONS TO COMPEL (Docket Nos. 61, 68, 70) Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint pursuant to 42 17 U.S.C. § 1983 alleging that prison officials violated his right to be free from excessive force. On 18 December 5, 2011, Defendant filed a motion for summary judgment. On March 29, 2012, 19 Defendants filed a motion to stay discovery pending the disposition of their argument that they 20 are entitled to qualified immunity. On April 9, 2012, the Court denied Plaintiff’s request to stay 21 Defendants’ motion for summary judgment so that he may have additional time to conduct 22 discovery. On April 20, 2012, Plaintiff filed two motions to compel discovery. 23 As a general rule, a district court should stay discovery until the issue of qualified 24 immunity is resolved. See Crawford-El v. Britton, 523 U.S. 574, 598 (1998); Harlow v. 25 Fitzgerald, 457 U.S. 800, 818 (1982). Accordingly, Defendants’ motion to stay discovery until 26 the Court has ruled on the issue of qualified immunity, as raised in Defendants’ motion for 27 summary judgment, is hereby GRANTED. (Docket No. 61.) In light of this ruling, Plaintiff’s 28 motions to compel are hereby DENIED. (Docket Nos. 68, 70.) Order Granting Motion to Stay Discovery; Denying Motions to Compel G:\PRO-SE\SJ.LHK\CR.11\Parrish438stayqi.wpd 1 2 3 IT IS SO ORDERED. DATED: 5/10/12 LUCY H. KOH United States District Judge 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Denying Plaintiff’s Request to Stay Motion for Summary Judgment 2 G:\PRO-SE\SJ.LHK\CR.11\Parrish438stayqi.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?