Davison v. Georgia Correctional Health, LLC et al

Filing 25

ORDER granting 13 Motion to Stay Discovery; granting 23 Motion to Modify Local Rule 26.1 Time Limitations; granting 24 Motion for Leave of Absence. Signed by Magistrate Judge G. R. Smith on 6/20/2016. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
CINDY DAVISON, as Administrator
of the Estate of Randall Davison,
Plaintiff,
v.
STEPHEN NICOLOU, P.A., and
SERGEANT DEDRICK ANTHONY,
Defendants.

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Case No. CV616-039

ORDER
On behalf of Randall Davison’s estate, its Administrator, Cindy
Davison (his sister) filed this 42 U.S.C. § 1983 action against defendants
Stephen Nicolou, P.A., and Sergeant Dedrick Anthony, alleging that they
were deliberate indifference to Randall’s serious medical needs while he
was incarcerated at the prison where they worked. Doc. 14.
Consequently, Randall died one month before his scheduled release.

Id.

at 3 ¶ 7. He “was one of ten men who died while in that prison’s custody,
between May 2014 and February 2015.” Id. ¶ 8.
The Court has been citing to Cindy’s Amended Complaint. She
originally sued only Nicolou and another, since-dismissed defendant.

Docs. 1, 21 & 22. Nicolou moved to dismiss that original Complaint on
qualified immunity grounds. Doc. 12. He also moved to stay discovery,
doc. 13, to which she consented. Doc. 17. Cindy’s Amended Complaint
adds defendant Anthony, and in light of these changes Nicolou moves to
modify Local Rule 26.1’s time constraints. Doc. 23. In pertinent part
Local Rule 26.1 requires that:
(a) The parties shall confer by the earlier of 60 days after any
defendant has been served with the complaint or 45 days after any
defendant has appeared.
(b) Within 14 days after the required conference pursuant to Fed. R.
Civ. P. 26(f), the parties shall submit to the Court a written report
outlining their proposed discovery plan. This report shall conform
to the language and format of the standard form included in the
Appendix of Forms to these rules (and furnished by the Clerk to the
plaintiff upon the filing of the complaint).
L.R. 26.1(a) & (b).
This Court’s General Order reiterates those deadlines. Doc. 4.
While Anthony has neither been served nor appeared in this case,
Nicolou’s counsel indicates that he will be representing him, too. By
Court Order, both defendants have until August 1, 2016, to answer or
move to dismiss. Doc. 23 at 2; see also docs. 18 & 19. In light of that the
defendants renew their stay motion -- to which Cindy does not consent,
doc. 23 at 3 -- and thus freeze the parties’ Rule 26 deadlines until after the
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district judge rules on Nicolou’s dismissal motion.

Id. at 3.

The Court GRANTS the stay and the modify motions. Docs. 13 &
23. It also GRANTS defense counsel’s motion for a leave of absence.
Doc. 24.

SO ORDERED this 20th day of June, 2016.

UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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