Gamble v. Southern Desert Correctional et al

Filing 68

ORDER Granting Temporary Stay. Plaintiff's 61 Motion to Stay is Granted in part. All proceedings in this case are stayed until 6/1/2018 to allow the Pilot Pro Bono Program additional time to locate counsel for the Plaintiff. Plaint iff's opposition to Defendant's 63 Motion for Summary Judgment is extended to 6/22/2018. Defendants' 64 Motion to Seal Documents Exhibits E, F, and I in support of 63 Motion for Summary Judgment under seal is Granted. Signed by Judge Jennifer A. Dorsey on 3/29/2018. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No.: 2:15-cv-00619-JAD-VCF

4 Clarence Gamble,
Plaintiff

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Order Granting Temporary Stay

6 v.

[ECF Nos. 61, 64]

7 Southern Desert Correctional Center, et al.,
Defendants

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On June 8, 2017, the court granted plaintiff Clarence Gamble’s request to appoint counsel

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11 and referred this case to the Pilot Pro Bono Program “adopted in General Order 2016-02 for the
12 purpose of screening for financial eligibility (if necessary) and identifying counsel willing to be
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13 appointed as pro bono counsel for” Gamble. Despite the program’s efforts, willing counsel has

14 not yet been located, but efforts to find counsel continue.
Gamble asks the court to stay this case until counsel is appointed,2 and the defendants do

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16 not oppose that request. However, because the court cannot guarantee that pro bono counsel

17 will be found for Gamble, the court is not willing to stay this case indefinitely. Accordingly, I
18 find good cause to grant a temporary stay to give the program another three months to attempt to
19 locate counsel. If no counsel has been appointed within those three months, any party may move
20 to extend this stay, and the court will reconsider at that time whether an additional stay is
21 warranted.
Accordingly, IT IS HEREBY ORDERED that the Motion to Stay [ECF No. 61] is

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23 GRANTED in part. All proceedings in this case are stayed until June 1, 2018, to allow the
24 Pilot Pro Bono Program additional time to locate counsel for the plaintiff. And Gamble’s
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ECF No. 50.

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ECF No. 61.

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ECF No. 62.

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1 deadline to file an opposition to the defendants’ pending motion for summary judgment [ECF
2 No. 63] is extended to June 22, 2018.
The court also finds compelling medical-privacy reasons to grant the defendants’ request

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4 to file Exhibits E, F, and I in support of its motion for summary judgment [ECF No. 63] under
5 seal.4 Accordingly, IT IS FURTHER ORDERED that the motion to seal Exhibits E, F, and I
6 [ECF No. 64] is GRANTED.
Dated this 29th day of March, 2018.

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U.S. District Judge Jennifer A. Dorsey
trict Judge Jennifer A.
c J ud
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Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006).
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