Wagle v. Michigan Department of Corrections et al

Filing 104

ORDER granting 97 Motion to Stay Discovery - Signed by Magistrate Judge Mona K. Majzoub. (LBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EDDIE WAGLE,
Plaintiff,
vs.
B. SKUTT, et al.,

CIVIL ACTION NO. 10-CV-10506
DISTRICT JUDGE NANCY G. EDMUNDS
MAGISTRATE JUDGE MONA K. MAJZOUB

Defendants.
___________________________________________/
ORDER GRANTING MDOC DEFENDANTS’ MOTION TO STAY DISCOVERY
(DOCKET NO. 97)
This is a pro se civil rights action filed by a Michigan state prisoner. Defendants Dr. George
Pramstaller and Lynda Zeller have filed a Motion for Summary Judgment (docket no. 96) which is
pending now. In connection with that motion, these same two Defendants filed a Motion to Stay
Discovery. (Docket no. 97). Plaintiff has filed a response to the Motion to Stay Discovery. (Docket
no. 99). All pretrial matters have been referred to the undersigned for action. (Docket no. 7). The
Court dispenses with oral argument on the motion pursuant to E.D. Mich. LR 7.1(f). The motion
is now ready for ruling pursuant to 28 U.S.C. § 636(b)(1)(A).
Plaintiff served his First Requests for Production of Documents on Defendants Pramstaller
and Zeller on July 28, 2011. (Docket no. 97, ex. 1). On August 10, 2011 Defendants Pramstaller
and Zeller moved for a stay of discovery until the Court resolves the qualified immunity issue raised
in their pending Motion for Summary Judgment. (Docket no. 97). Because this is a pro se prisoner
proceeding it is exempted from the initial disclosure requirements of Fed. R. Civ. P. 26. Fed. R. Civ.
P. 26(a)(1)(B)(iv). In addition, Defendants raise the defense of qualified immunity as state

1

employees in their Motion for Summary Judgment. (Docket no. 96). The Sixth Circuit has made
clear that when such a motion is filed discovery should not be allowed until after the immunity
question is resolved. Skousen v. Brighton High School, 305 F.3d 520, 526-27 (6th Cir.2002). In
accordance with this authority, discovery will be stayed pending consideration of Defendant
Pramstaller and Zeller’s summary judgment motion.
IT IS THEREFORE ORDERED that the MDOC Defendants’ Motion to Stay Discovery
(docket no. 97) is GRANTED.
NOTICE TO THE PARTIES
Pursuant to Fed. R. Civ. P. 72(a), the parties have a period of fourteen days from the date of
this Order within which to file any written appeal to the District Judge as may be permissible under
28 U.S.C. 636(b)(1).

Dated: September 2, 2011

s/ Mona K. Majzoub
MONA K. MAJZOUB
UNITED STATES MAGISTRATE JUDGE

PROOF OF SERVICE
I hereby certify that a copy of this Order was served upon Eddie Wagle and Counsel of
Record on this date.
Dated: September 2, 2011

s/ Lisa C. Bartlett
Case Manager

2