Jenkins v. Michigan Department of Corrections et al

Filing 76

ORDER DENYING as MOOT 56 Motion to Stay--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
VAN JENKINS,
Plaintiff
v.

Case No. 5:14-cv-11812
District Judge Judith E. Levy
Magistrate Judge Anthony P. Patti

MICHIGAN DEPARTMENT
OF CORRECTIONS, et al.,
Defendants
___________________________________/
ORDER DENYING DEFENDANTS’ MOTION TO STAY AS MOOT
(DE 56)
This matter is before the Court for consideration of former Defendants
Douglas Fox, Erika Saxton, Clinton Bradley, Gary Edwards, Annette White, Fern
Bean, and Adrian Green’s motion to stay discovery (DE 56) and Plaintiff’s
response (DE 58.) For the reasons that follow, the motion to stay is DENIED AS
MOOT.
Defendants filed the instant motion on April 17, 2015. At the time of filing,
the following dispositive motions remained pending before the Court: 1) a Report
and Recommendation that Plaintiff’s claims against Defendants Saxton, Bradley,
White, Edwards, Fox, and Bean be dismissed for failure to exhaust administrative
remedies (DE 45); and 2) Defendant Green’s motion for summary judgment (DE
39). Defendants (now former Defendants) sought a stay of discovery until the

dispositive motions were addressed. They asserted that there was good cause to
stay discovery because the pending dispositive motions were substantial and wellfounded in law. Plaintiff opposed the motion, arguing that such a stay would cause
excessive delay and costs in this action. (DE 58.)
Since the time the motion to stay was filed, the Court has ruled on all
pending dispositive motions and dismissed Plaintiff’s claims against all of the
Defendants named in the motion to stay. (DE 59 and 74.) Currently, there is only
one remaining named Defendant in this action, and that individual has not yet been
served. (See DE 70.) Thus, all dispositive motions have been addressed and
Plaintiff’s claims against the Defendants named in the motion to stay have been
dismissed. Accordingly, the motion to stay discovery is DENIED AS MOOT.
IT IS SO ORDERED.

Dated: September 16, 2015

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

I hereby certify that a copy of the foregoing document was sent to parties of record on
September 16, 2015, electronically and/or by U.S. Mail.

s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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